Mangra Minj vs The State Of Jharkhand
2024 Latest Caselaw 9337 Jhar

Jharkhand High Court

Mangra Minj vs The State Of Jharkhand on 19 September, 2024

Author: Ananda Sen

Bench: Ananda Sen, Gautam Kumar Choudhary

          IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Criminal Appeal (D.B.) No.1795 of 2023
                            -------
   Mangra Minj.                                ... ... Appellant
                               Versus
   The State of Jharkhand.                    ... ... Respondent
                             ------
           CORAM : SRI ANANDA SEN, J.

: SRI GAUTAM KUMAR CHOUDHARY, J.

------

For the Appellant : Mr. Parwez Ahmad Khan, Advocate. For the State : Ms. Lily Sahay, A.P.P.

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08/ 19.09.2024

I.A. No.10221 of 2023

This interlocutory application has been filed by the

appellant praying therein to condone the delay of 4261 days

in preferring this appeal.

2. Appellant has preferred this appeal through

District Legal Services Authority, West Singhbhum at

Chaibasa.

3. The judgment was delivered on 10th December,

2009. This appeal was filed on 04.10.2023.

4. Learned counsel representing the appellant

submits that he was handed over the brief along with an

instruction to file an appeal on behalf of the appellant only on

06.09.2023.

5. This is again one of an example out of severals

wherein the Legal Services Authority has not facilitated filing

of appeal within the period of limitation or just thereafter.

Since the appellant is a poor person, was in custody and was

helpless to file an appeal, the responsibility was of the Legal

Services Authority to ensure that an appeal is filed and the

appellant at least has access to justice. For lack of proper and

effective step of the Legal Services Authority, the poor

appellant who is in custody cannot be made to suffer.

6. Delay of 4261 days in preferring this appeal is

condoned.

7. This interlocutory application stands allowed.

8. List this case under the heading "for admission".

9. The Jharkhand Legal Services Authority and the

High Court Legal Services Committee is directed to send a

report to this Court as to why this appeal has been filed after

4261 days. They will also enquire as to what steps the

Secretary, DLSA, West Singhbhum, Chaibasa and the

Superintendent, Central Jail, Ghagidih, Jamshedpur, had

taken immediately after the appellant was convicted and

sentenced, to ensure filing of appeal.

10. The report should reach to this Court before us by

next Thursday.

11. List this case on 26.09.2024.

12. Let a copy of this order be forwarded to the

Member Secretary, JHALSA and the High Court Legal Services

Committee.

(ANANDA SEN, J.)

(GAUTAM KUMAR CHOUDHARY, J.)

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