Published On: January 05, 2021 at 14:30 IST
Judge of Supreme Court of India
NAME – Hemant Gupta
PROFESSION- Judge
BORN – 17/10/1957
PLACE OF BIRTH – Chandigarh
FATHER’S NAME – N/A
MOTHER’S NAME – N/A
SPOUSE – Alka Gupta
SIBLINGS – N/A
CHILDREN – 01
EDUCATION – Law degree from Chandigarh
AWARDS – N/A
SPECIALISATION- No
COMMITTEE/ PANEL HEADED- N/A
BACKGROUND- Hemant Gupta is a Judge of Supreme Court of India. He started his practice in Chandigarh. He is former Chief Justice of Madhya Pradesh High Court. He is also former Judge of Patna High Court and Punjab and Haryana High Court. He will retire on 16 October 2022.
CAREER TIMELINE- 1980: Started practise in Chandigarh District Court.
1997: Additional Advocate General of Punjab High court.
2002: Judge of Punjab High court.
2016: Judge of Patna High court.
2017: CJI of Madhya Pradesh High court.
2 November 2018: Judge of Supreme Court.
LANDMARK JUDGEMENT-
- RBI Vs General Manager, Cooperative Bank Deposit A/c HR.Sha and Others Criminal Appeals No. 1486 of 2004 with No. 24 of 2005, decided on August 12, 2010
In this the high court issued directions that the bank should start distributing the amount which was so far recovered by them from the accused.
- State Vs M. Murugesan and Others Criminal Appeal No. 45 Of 2020
The Tamil Nadu government was aggrieved against an order passed by the Madras high court constituting a heterogeneous committee of named persons to give its recommendations on the reforms that can be brought into practice for reformation, rehabilitation and reintegration of the convict/accused person to society and best practices for improving the quality of investigation.
- Neeru Yadav Vs State of UP S.L.P. (Crl.) No. 8469 of 2014
The accused was granted bail by the Allahabad high court (Mitthan Yadav Vs State of UP). In an appeal against the order of the high court, a two-judge bench of the Supreme Court surveyed the precedent on the principles that guide the grant of bail. Justice Dipak Misra held in Neeru Yadav Vs State of UP thus:
“If in a case, the relevant factors which should have been taken into consideration while dealing with the application for bail have not been taken note of, or bail is founded on irrelevant considerations, indisputably the superior court can set aside the order of such a grant of bail.”
- Mahipal Vs Rajesh Kumar alias Polia SLP (Crl.) No. 6339 of 2019
The Supreme Court outlined the standards governing the setting aside of bail by this court in the following terms:
“Where a court considering an application for bail fails to consider relevant factors, an appellate court may justifiably set aside the order granting bail. An appellate court is thus required to consider whether the order granting bail suffers from a non-application of mind or is not borne out from a prima facie view of the evidence on record.”
CONTROVERSIES- No
REMARKABLE ACHIEVEMENTS- No