Gujarat High Court
Jesangbhai Devabhai Koli vs State Of Gujarat on 4 April, 2022
Bench: Mauna M. Bhatt
R/CR.MA/6226/2022 ORDER DATED: 04/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6226 of 2022
In R/CRIMINAL APPEAL NO. 651 of 2022
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JESANGBHAI DEVABHAI KOLI
Versus
STATE OF GUJARAT
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Appearance:
MR NARENDRA L JAIN assisted by MR ADITYA GUNDECHA(5647) for the
Applicant(s) No. 1
MR HK PATEL, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 04/04/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. In an application under Section 482 of the Code of
Criminal Procedure read with Section 5 of the Limitation Act
for seeking condonation of delay in preferring the appeal
which is a huge delay of 4630 days.
2. Rule. Learned Additional Public Prosecutor waives
service of notice of rule for and on behalf of the respondent -
State.
3. It is the say of the applicant that he suffers extremely
adverse financial conditions and therefore had never
approached this Court with the Criminal Appeal. The other
accused had agreed to help the applicant in approaching the
Apex Court along with them in the year 2021. The Apex Court
passed the order on 03.03.2022 and hence, he is before this
Court.
R/CR.MA/6226/2022 ORDER DATED: 04/04/2022
3.1 He has extremely poverty stricken condition and has no
means for legal remedy. There was none around him to inform
about the task of the State Legal Services Authority.
3.2. It appears that Interim Application No. 14202 of 2022,
learned counsel was permitted to withdraw with a liberty to
file a separate appeal on behalf of the applicant which the
Apex Court directed to be considered on merit and in
accordance with law. Pursuant to such order, he is before this
Court.
4. Noticing the time period for which the applicant is in jail
and as he was never made aware of his right of legal aid or of
being represented by a lawyer and hence was unable to
approach this Court, this is a case deserving indulgence. It is
noticeable that only after he had moved the Apex Court, with
those whose appeals are finally decided, due to their help, the
Apex Court permitted him withdrawal and directed him to
approach this Court with a further direction that this Court
needs to decide the matter on merits.
5. The reasons given for condoning the delay of 4630 days
provides sufficiently convincing reasons. Learned APP Mr.
Patel has fairly agreed that the applicant is very poor and has
no means at all. The rest of the co-convicts have already
preferred their appeals long back. Noticing such glaring
reasons and finding sufficiency of grounds in not preferring
the appeal by the applicant and as the financial condition of
the person can never be a hampering ground, the Court
allows this application. It is in fact quite disturbing that a
person continued to be in jail for the past 18 years without
R/CR.MA/6226/2022 ORDER DATED: 04/04/2022
having means to litigate in appeal against the judgment of
conviction.
6. While parting, the Member Secretary, Gujarat State
Legal Services Authority and Secretary, High Court Legal
Services Committee are requested to look into this and ensure
the best possible endeavours to reach out to every convict in
the jails of Gujarat, to make them aware of the availability of
the legal aid and their entitlement to get the efficient legal
aid. When so much of efforts are being made on a continuous
basis, even one such case is also a matter of serious concern
for the system.
7. Application is accordingly disposed of. Rule is made
absolute.
(SONIA GOKANI, J)
(MAUNA M. BHATT,J)
Bhoomi
