The law declared by the Hon'ble Supreme Court is binding on all the courts within the territory of India, said Jharkhand High Court.
Bench of Honourable Mrs justice Anubha Rawat Chaudhary during the hearing of a criminal revision; August Kumar Mehta vs the state of Jharkhand, by allowing petition, the Court remarked, "As per Article 141 of the Constitution of India, the law declared by the Hon'ble Supreme Court is binding on all the courts within the territory of India and the law laid down by the Hon'ble Supreme Court applies to all pending proceedings. Upon perusal of the aforesaid decision of the Hon'ble Supreme Court, there is no indication that the same would apply prospectively and there is nothing fike any prospective operation of law laid down by the Hon'ble Supreme Court. In this regard, reference may be made to the case of Maj. Genl. A.S. Gauraya and Another -vs- S.N. Thakur, reported in (1986) 2 SCC 709.This Court finds that the present revision petition was admitted on 06.12.2013 and the petitioner was directed to be released on bail. During the pendeney of the revision petition, the section in which the petitioner was ultimately convicted ie Section 497 IPC, has been declared to be unconstitutional in the ease of Joseph Shine -vs- Union of India decided on 27.09.2018 reported in (2019) 3 SCC 39. The said judgement is a binding precedent under Article 141 of the Constitution of India."
The essentiality to follow the guidelines and law given by the Apex Court. The High Court further pronounced as,
"In view of the aforesaid Judgment passed by the Hon'ble Supreme Court, the conviction and sentence of the petitioner under Section 497 of the Indian Penal Code passed by the learned trial court and affirmed by the learned appellate court is legally not sustainable and accordingly, both the impugned judgments call for interference under revisional jurisdiction to prevent miscarriage of justice to the petitioner.
the impugned Judgement dated 01.10.2013 passed by the learned Additional Sessions Judge-VII, Palamau at Daltonganj in Criminal Appeal No. 90/2008 as well as the conviction and sentence of the petitioner under Section 497 of the Indian Penal Code passed by the learned Judicial Magistrate, 1st Class, Daltonganj, Palamau vide Judgment of conviction and the order of sentence dated 17.07.2008 in G.R. Case No. 33 of 2001 / Trial No. 165 of 2008 (arising out of Lesliganj P.S. Case No, 01/2001) is hereby set-aside, Consequently, the petitioner is discharged from the liability of his bail bond."
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