Supreme Court: A 3-judge bench of B.S. Chauhan, J. Chelameswar and M.Y. Eqbal, JJ, interpreting section 362 of the Code of Criminal Procedure, 1973, held that the said provision prohibits the alteration, recalling or review of a judgment or an order passed by a court only after it has been, both, pronounced and signed. The review was held to be valid in the present case as it had only been pronounced and not signed. Following the precedent of numerous previous judgments, the Court reasoned that a judge’s responsibility is very heavy, particularly in cases where people’s life and liberty hang upon his decision and nothing can be left to doubt and that one cannot assume that the Judge will not change his mind before the judgment becomes final. Kushalbhai Ratanbhai Rohit. v. State of Gujarat, (Crl.) No. 453 of 2014, decided on May 6, 2014
Review Power to review/recall a judgment in a criminal case cannot be exercised once the judgment is, both, pronounced and signed
Supreme Court: A 3-judge bench of B.S. Chauhan, J. Chelameswar and M.Y. Eqbal, JJ, interpreting section 362 of the Code of Criminal
