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2016 DIGILAW 217 (CHH)

Ramsai @ Boura @ Baura Pando son of late Badal Pando v. State of Chhattisgarh through Station House Officer

2016-07-14

CHANDRA BHUSHAN BAJPAI, PRASHANT KUMAR MISHRA

body2016
Order : Prashant Kumar Mishra, J. 1. In course of hearing of prayer for condonation of delay, we have generally observed that the appeals presented before the Court through the High Court Legal Services Committee or any other jail appeals directly sent to the Registry are barred by limitation. In most of the cases, the delay is enormous, however, the question of right of appeal against the same being essentially related to liberty of a person, delay in filing the appeal is usually condoned. 2. In a given case, it may happen that the person suffering conviction and sentence has a good and arguable case for suspension of sentence, which could not be considered because the appeal has not been preferred immediately after conviction. We, therefore, proceeded to examine the provisions contained in the Rules and Orders (Criminal) which has been framed by the High Court in exercise of powers under Articles 227 and 235 of the Constitution of India. In the said Rules provisions have been made regarding Appeals and Revisions in Chapter 12. Rule 302 provides that petitions of appeal may be presented either to the superintendent of the jail by the prisoner himself or to the court of appeal by a pleader. Rule 303 requires the power of attorney i.e. Vakalatnama to be signed by the prisoner whose signature shall be attested by the superintendent of jail. Rule 304 speaks about rejection of unauthorized petitions preferred by the relatives or friends of the convict. Under Rule 305 provision has been made that on receipt from the superintendent of a jail of a petition or appeal, together with a copy of the judgment or order appealed against, the District Magistrate shall forward the papers to the proper appellate authority along with the magisterial records of the case. If the appeal lies to the High Court of Judicature from a judgment or order of the Court of Session, the District Magistrate shall forward the papers and records through the Court of Session where the appropriate records of that courts shall be added and the whole shall then be passed on. Rule 306 provides that when an appeal forwarded from jail is found to be barred by limitation, it shall be dismissed summarily. 3. Rule 306 provides that when an appeal forwarded from jail is found to be barred by limitation, it shall be dismissed summarily. 3. It appears that when the Superintendent of jail has been empowered to receive the petition of appeal/memo of appeal by the convict, it is the duty of the superintendent of jail to inform the convict forthwith, upon receipt of the copy of the judgment of conviction, that the prisoner has a right to file appeal before the appellate Court, be it a Sessions Court or the High Court. Unless such information is provided to the prisoner, he may not be aware about the requirement of filing of appeal. Usually, persons residing in remote areas who have either no means to pay or bear the expenses of preferring an appeal, reconcile with the conviction as their fate and do not prefer any appeal. It is therefore, necessary to issue the following directions: A. As soon as judgment of conviction is recorded against a prisoner by the trial Court or the Sessions Court, as the case may be, additional authenticated copy of the same shall be sent by the concerned court to the superintendent of jail where the prisoner is confined. B. Immediately upon receipt of the copy, within outer limit of 7 days, the superintendent of jail shall inform the prisoner about his right to prefer an appeal against the conviction and sentence. As soon as the information is provided and prisoner informs the superintendent about his intention to prefer an appeal, the superintendent of jail shall inform the District Legal Services Authority through its Secretary who in turn shall arrange to prefer appeal within the prescribed time. If the appeal has to be preferred before the High Court, the Secretary, District Legal Services Authority shall send the required documents to the Secretary, High Court Legal Services Committee within 4 weeks from the date of conviction, who in turn shall take steps to prefer appeal within the prescribed time. 4. Let copy of this order be sent to the Principal Secretary to the Government of Chhattisgarh, Department of Home, Director General (Prison), Secretary, State Legal Services Authority and all the Chairman, District Legal Services Authority for compliance.