ORDER : 1. Delay condoned. 2. Leave granted. 3. The appellant was convicted by the Addl. Session Judge, Fast Track Court, Rourkela, Camp. Bonai, Dist. Sundergarh vide judgment and order dated 25.08.2012 passed in Sessions Trial Case No.118/62 of 2009 for the offence punishable under Section 302 IPC and was sentenced to suffer life imprisonment. 4. The appeal preferred by the appellant was dismissed by the High Court on the ground that there was delay of 1192 days in preferring the appeal. The matter was thus not considered on merits by the High Court. 5. In our view, since the matter arose out of conviction under Section 302 IPC, the High Court ought to have condoned the delay and heard the matter on merit. 6. We, therefore, set aside the view taken by the High Court and remit the matter back to the High Court for fresh consideration on merits. 7. The criminal appeal No.62 of 2016 therefore, stands restored to the file of the High Court. We request the High Court to list the matter immediately for consideration. In case the appellant is unable to engage the services of any advocate of his choice, let services of an amicus curiae be ensured so that the cause of the appellant is well represented before the High Court. 8. Since the order of conviction was passed in the year 2016, we request the High Court to dispose of the appeal as early as possible and preferably within six months from today. 9. We have not expressed any opinion on the merits of the matter which will be gone into independently by the trial court at appropriate stage. 10. The appeal is allowed.