Citation : 2024 Latest Caselaw 9289 Jhar
Judgement Date : 17 September, 2024
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Death Reference (D.B.) No. 05 of 2023
The State of Jharkhand ...... ...... Appellant(s)
Versus
Deepak Kumar @ Golu ...... ...... Respondent(s)
CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the State : Mr. Vineet Kumar Vashistha, Spl. P.P.
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03 /17.09.2024: This Death Reference has been placed before us today to confirm the judgment passed in S.T. No. 167 of 2021.
Surprisingly, we do not find any connected appeal filed by the appellant. Admittedly, the appellant is in custody as the judgment of conviction and sentence has been passed on 01.04.2023 and 06.04.2023 respectively. Since more than one year this appellant is in custody and there is no appeal filed by the appellant. The Registry of this Court has also informed us that no appeal has been filed by the appellant.
Jharkhand Legal Services Authority will inform this Court as to what steps they have taken to ensure filing of jail appeal by this appellant. They will also inform this Court as to whether they had established any contact with this appellant who is in custody and informed him about his statutory right to file an appeal against the judgment of conviction and sentence. If they had done so, necessary documents in support should also been produced before us.
The Superintendent of Central Jail, Ghagidih, Jamshedpur will also send a report to this Court as to whether this appellant was informed of his right to file an appeal and why not jail appeal has been filed in spite of lapse of more than one year from the date of judgment.
The report should be sent to us by JHALSA through its Member Secretary and the Superintendent of Central Jail, Ghaghidih, Jamshedpur within two weeks.
List this case after two weeks.
In the meantime, it will be opened to the authorities to ensure that an appeal is filed on behalf of this appellant.
If the appellant is not interested in filing the appeal, information to that respect will also be forwarded to this Court.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.) AKT/Satendra
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