Convicted ST driver's lawyer cites long drawn out judicial proceedings for implementation of the judgement.
Though additional sessions judge VK Shevale awarded the death sentence to killer Maharashtra State Road Transport Corporation (MSRTC) driver Santosh Mane on Monday, his lawyer Dhananjay Mane is confident of keeping the state transport (ST) driver alive for several years even if the high court and Supreme Court upholds the local court’s decision.
“I am going to appeal against Judge Shevale’s decision in the Bombay high court. I am confident that the high court will uphold that Mane is insane. Even if that does not happen, Mane can escape noose for at least five years,” Dhananjay told dna.
The lawyer is banking on prolonged judicial procedure, especially in cases where capital punishment is awarded, for keeping Mane away from the hangman’s noose.
As per the norms, when the district court awards capital punishment, the case automatically goes to the high court for confirmation of the sentence. This normally takes two months.
In case the high court confirms the death sentence, the accused can file another appeal before the full bench and normally the full bench takes about six months more to decide on the appeal.
If the appeal is rejected by the high court, the accused gets a period of 90 days to move his appeal in the Supreme Court. If the Supreme Court rejects the appeal, the accused may go for mercy petition to the President of India.
When a mercy petition is filed, the President seeks opinion of the home department and if the home department opposes the mercy petition, the president may deny mercy to the accused.
Once the mercy petition is denied, the case is referred back to the trial court for issual of death warrant. If any new evidence comes up, the accused can again move the apex court seeking stay on the execution and move an appeal.
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