AVTAR SINGH & ORS. ETC.HARENDRA SINGH AND ANR. vs BHAJAN SINGH & ORS. ETC.STATE OF MADHYA PRADESH

The Supreme Court held that the High Court's order for retrial without setting aside the trial court's judgment was illegal, as per the principles governing criminal procedure. The Court emphasized that a retrial cannot be ordered while an appeal is pending, thereby setting aside the High Court's judgment and order. Consequently, the appeals of the other appellants were rendered moot, and the High Court was directed to hear the pending appeal on its merits.