Amristan Xaxa vs The State Of Jharkhand
2024 Latest Caselaw 8816 Jhar

Jharkhand High Court

Amristan Xaxa vs The State Of Jharkhand on 4 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       Cr. Appeal (D.B.) No.884 of 2024
                             -----
           Amristan Xaxa                                    ... Appellant(s).
                                   Versus
           The State of Jharkhand                           ... Respondent(s).
                                   ......
           CORAM       :      SRI ANANDA SEN, J.

SRI GAUTAM KUMAR CHOUDHARY, J.

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           For the Appellant(s)    : Mr. Soumitra Baroi, Advocate
           For the State           : Mr. Vishwanath Roy, APP
                                   .........
04/04.09.2024:   I.A No. 9061 of 2024

This interlocutory application has been filed by the appellant praying therein to condone the delay of 1215 days in preferring this appeal.

2. After going through the averments made in paragraph nos. 4, 5 & 7 of the interlocutory application and upon hearing the parties, we are satisfied that sufficient cause has been shown for condoning the delay caused in preferring this appeal. We are inclined to allow this interlocutory application. Delay of 1215 days in preferring this appeal is condoned.

3. This interlocutory application stands allowed.

Cr. Appeal (D.B.) No.884 of 2024

4. Daily we are coming across criminal appeals which have been filed after considerable period of delay.

5. In the instant case there is delay of 1215 days which means delay of more than three years. Surprisingly no appeal was filed on behalf of the appellant. The reasons narrated in the application under section 5 of the Limitation Act in paragraph no. 7 is extreme financial constraint of the appellant. From the cause title, we find that the appellant is from the remote village within the district of Latehar which definitely is one of the backward district of the State. Legal Services Authority has been established to provide legal services to the poor and to the down trodden persons who are not in a position to approach the Court. The Authorities prime responsibility is to provide legal assistance, specially to the persons who are in custody and cannot approach the Court either because of fund constraint or for lack of human assistance. Legal Services Authority has failed this appellant in this case. It is surprising why any appeal was not been filed. This appellant has remained in prison serving sentence without filing any appeal. Until and unless each of the convicts is given opportunity and gets his appeal filed before the appropriate forum, within time, we cannot say that the convicts are being given proper assistance, access to justice still remain a dream.

6. Though delay is of 1215 days but in fact this appeal has been filed after five years from the date of passing of the judgment of conviction. Period of delay has been reduced because of the order of the Hon'ble Supreme Court in suo motu case being Suo Motu Writ Petition (C) No. 3 of 2020 wherein the period of delay for the period during the period of COVID was exempted. It is surprising that for five years why an appeal has not been filed, when this appellant is in custody.

7. Let Member Secretary, JHALSA immediately send a report to this Court in this aspect as to why no assistance was given by District Legal Services Authority, Latehar to this appellant who is in custody.

8. The Member Secretary, JHALSA will inquire personally and submit her personal report within two weeks.

9. List this case on 09.09.2024 along with Cr.A (DB) No.915 of 2024 under the heading "For Admission".

10. Let a copy of the order be given to the Member Secretary, JHALSA immediately.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.) Tanuj