Legal Analysis: Nandkishore Mishra v. The State of Madhya Pradesh

Citation: 2026 INSC 531

Court: Supreme Court of India

Bench: A Division Bench comprising Justice Dipankar Datta (author) and Justice Satish Chandra Sharma

Date of Decision: May 22, 2026

Nature of Judgment: Criminal Appeal arising out of SLP (Crl.) No. 3371 of 2026 against the judgment of the High Court of Madhya Pradesh at Jabalpur dated 26th November 2025.

Synopsis of the Judgment

The appellant was convicted under Section 302 IPC and sentenced to life imprisonment. His appeal before the High Court was listed on 20th November 2025. Since no counsel appeared for the appellant, the High Court appointed an amicus curiae. Six days later, on 26th November 2025, the amicus argued the appeal, and the High Court dismissed it, affirming the conviction and sentence. The appellant contended before the Supreme Court that he was not notified of the appointment of the amicus, nor did the amicus have any opportunity to meet or confer with him (a 74-year-old septuagenarian in custody). The Supreme Court held that while the High Court was under no obligation to inform the appellant about the absence of his advocate, it would have been prudent and desirable to do so, especially since the appellant remained incarcerated. The Court reiterated the directions in Anokhi Lal v. State of Madhya Pradesh and Bhola Mahto v. State of Jharkhand that an amicus must be afforded reasonable time to prepare the matter and adequate opportunity to meet and confer with the accused. Finding that these directions were not complied with, the Supreme Court set aside the impugned order, revived the appeal, and remanded it to the High Court for a de novo hearing. The appellant was directed to continue on bail (which was granted during pendency before the Supreme Court) pending the fresh hearing.

1. Basic Information of the Judgment

Case Title: Nandkishore Mishra v. The State of Madhya Pradesh

Citation: 2026 INSC 531

Criminal Appeal No.: Arising out of SLP (Crl.) No. 3371 of 2026

Bench: Justice Dipankar Datta &  Justice Satish Chandra Sharma

Date of Decision: May 22, 2026

Court: Supreme Court of India (Criminal Appellate Jurisdiction)

Impugned Order: Judgment and order dated 26th November 2025 of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. [not specified] under Section 374(2) CrPC, dismissing the appellant’s appeal against conviction under Section 302 IPC.

2. Legal Framework

Major Laws and Provisions Involved

• Code of Criminal Procedure, 1973 – Section 374(2) (appeal to High Court against conviction), Section 303 (right of accused to be defended by a pleader of his choice), Section 304 (legal aid to accused).

• Indian Penal Code, 1860 – Section 302 (punishment for murder).

• Constitution of India, 1950 – Article 21 (right to a fair trial and effective legal representation), Article 22(1) (right to be defended by a legal prac

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