20. Mr Mrinal Kanti Mandal, learned Advocate is right in submitting that in certain cases this Court had granted benefit even to a non-appealing accused. In Bijoy Singh v. State of Bihar [Bijoy Singh v. State of Bihar, (2002) 9 SCC 147 : 2003 SCC (Cri) 1093] , this Court observed that if on evaluation of the case, a conclusion is reached that no conviction of any accused was possible the benefit of that decision must be extended to the similarly situated co-accused even though he had not challenged the order by way of the appeal. To similar effect was the dictum of this Court in Suresh Chaudhary v. State of Bihar [Suresh Chaudhary v. State of Bihar, (2003) 4 SCC 128 : 2003 SCC (Cri) 801] and in Pawan Kumar v. State of Haryana [Pawan Kumar v. State of Haryana, (2003) 11 SCC 241 : 2004 SCC (Cri) 109] and in Mohinder Singh v. State of Punjab [Mohinder Singh v. State of Punjab, (2004) 12 SCC 311 : 2004 SCC (Cri) Supp 252] .
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