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2015 DIGILAW 628 (PAT)

Ramnath Sahni v. State of Bihar

2015-04-22

L.NARASIMHA REDDY, SUDHIR SINGH

body2015
Order Interlocutory Application No. 586 of 2015 This application is filed with a prayer to condone the delay occurred in filing the Appeal. It is stated that the appellant could not file the present Appeal in time on account of his having been confined in the prison and arranging necessary papers. 2. For the reasons mentioned in the I.A. we are satisfied that the delay is not deliberate. I.A. is allowed. Delay is condoned. Cr. Appeal No. 303 of 2015 3. Admit. 4. Though Section-389 Cr.P.C. is also invoked, learned counsel for the appellant submits that he is not pressing for bail pending the Appeal. 5. We further direct that no application for bail on behalf of the appellant would be entertained at least for next six months. 6. In this case we notice that the Registry has charged Rs.80/- for issuing a certified copy of the judgment to the appellant. As many as 8 persons were convicted in Sessions Trial No.298/11, on the file of 6th Additional Sessions Judge, West Champaran at Bettiah. It is stated that only one certified copy of the judgment was given to all the accused and no certified copy of the judgment was furnished to the appellant herein. The other accused filed separate appeal and the record of the trial court was called to this Court. Therefore, the appellant had to obtain a certified copy of the judgment from this Court. 7. The State as well as the Courts are placed under obligation to ensure that the remedies provided for under the Cr.P.C. and other similar enactments are extended to the accused, free of any cost, whatever. Reference in this context can be made to Section-363 Cr.P.C. It reads:- “363. Copy of judgment to be given to the accused and other persons. (1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. Reference in this context can be made to Section-363 Cr.P.C. It reads:- “363. Copy of judgment to be given to the accused and other persons. (1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub- section (2) shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. (5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide. 8. The amount on the copy, appears to have been levied on the basis Clause-9 of Schedule-II to the Court-fee (Bihar Amendment) Act, 2007. The levy thereunder can be only when the Court furnishes a certified copy and not for any authentication. 8. The amount on the copy, appears to have been levied on the basis Clause-9 of Schedule-II to the Court-fee (Bihar Amendment) Act, 2007. The levy thereunder can be only when the Court furnishes a certified copy and not for any authentication. Even such levy can be only in civil cases and the question of charging any fee for issuing certified copy in criminal cases does not arise. 9. Another aspect that we noticed is about filing of affidavits and Vakalatnama in criminal cases, including bail petitions. In a way, such a practice would trample the rights of an accused and his liberty. Filing of Vakalatnama is a phenomenon in civil cases and in criminal cases it is only the memo of appearance that would serve the purpose. The insistence on filing of affidavits in criminal cases, including bail petitions, amounts to violation of fundamental rights of the concerned persons, under Articles-21 and 22 of the Constitution of India. Apart from that, it encourages and promotes corruption and results in undue delay, even in filing. 10. We, therefore, direct that henceforth:- (A) No Court, including the High Court, shall levy any fee in any criminal case, be it criminal appeal or bail petition, in the name of authentication or on certified copies; (B) It shall not be necessary to file affidavits or Vakalatnamas in such cases; 11. The Registry shall forward copies of this order to all the courts in the State and Sections of the High Court. A copy of the same shall be forwarded to the three associations of Advocates of the High Court.