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february 2010

Supreme Court of India · 2010-02-04

Mohd. Maqbool Tantray vs State Of J & K

Court
Supreme Court of India
Petitioner
Mohd. Maqbool Tantray
Respondent
State Of J & K
Bench
Harjit Singh Bedi, A.K. Patnaik

Judgment text excerpt

The Supreme Court upheld the conviction of Mohd. Maqbool Tantray under Section 364 read with Section 120B of the Ranbir Penal Code and Section 3(2)(ii) of the Terrorist and Disruptive Activities (Prevention) Act, 1987, for his involvement in the abduction and murder of former MLA Mir Mustafa. However, considering the lengthy trial of nearly 20 years, the acquittal of co-accused, and the appellant's expression of remorse, the Court reduced his sentence to the time already served, emphasizing the need for leniency in light of the circumstances. The judgment referenced the principle established in Gurdeep Singh alias Deep v. State (Delhi Admn.) regarding the consideration of remorse in sentencing.

Mohd. Maqbool Tantray vs State Of J & K · Niyam