Jharkhand High Court
Kundan Singh @ Kundan Kr. Singh vs The State Of Jharkhand on 6 August, 2025
Author: Ananda Sen
Bench: Ananda Sen, Gautam Kumar Choudhary
2025:JHHC:21970-DB
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 891 of 2025
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Kundan Singh @ Kundan Kr. Singh, S/o Late Aatma Prakash Singh,
R/o Aara Nawada Ben, P.O. & P.S. Udwant Nagar, district Bhojpur,
Bihar
... Appellant(s).
Versus
The State of Jharkhand ... Respondent(s).
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CORAM : SRI ANANDA SEN, J.
SRI GAUTAM KUMAR CHOUDHARY, J.
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For the Appellant(s) : Mr. Prabhat Singh, Advocate
For the State : Mr. Anup Pawan Topno, AddI. P.P.
.........
02 /06.08.2025: This case has been listed today, after being registered. This
is a criminal appeal against the judgment of conviction dated
29.04.2017 and order of sentence dated 05.05.2017, passed by
learned Additional Sessions Judge-VIII, Dhanbad in Sessions
Trial No.102 of 2012, corresponding to G.R. No.3705 of 2011 in
connection with Nirsa P.S. Case No.266 of 2011 at the instance of
the convict- Kundan Singh @ Kundan Kr. Singh.
2. The Registry has raised an objection in stamp reporting.
The objection is that an important fact has been suppressed in
this appeal. The fact which has been suppressed is that this
appellant had earlier challenged the same judgment of
conviction in Cr. Appeal (D.B) No.1072 of 2017 before this
Hon'ble Court and the judgment of conviction and sentence was
affirmed by this Court vide the judgment pronounced on dated
21.10.2024 by which the appeal i.e. Cr. Appeal (D.B.) No.1072 of
2017 stand dismissed.
3. To verify the aforesaid fact, we have gone through the
records. The copy of the judgment pronounced by this Bench in
Cr. Appeal (D.B) No.1072 of 2017 dated 21.10.2024 has been
attached with this record. From perusal of the aforesaid
judgment, it is clear that vide judgment dated 21.10.2021, the
appeal filed by this appellant- Kundan Singh @ Kundan Kr.
Singh, S/o Late Atama Prakash Singh was dismissed and the
judgment of conviction and the sentence passed by the Trial
Court was upheld. In the aforesaid appeal, the appellant was
duly represented by a lawyer.
4. Now the instant appeal being Cr. Appeal (D.B). No.891 of
2025 has been filed by the same appellant, but this time through
Jharkhand High Court Legal Services Committee. The Jharkhand
High Court Legal Services Committee received a representation
from the convict through the District Legal Services Authority
and based on that his representation High Court Legal Services
Committee instructed the concerned lawyer to file this appeal.
Thus, this appeal has been filed.
5. This appeal has been filed without any affidavit as the
same has been filed through JHALSA. At this juncture, it is
pertinent to refer to a notification issued on the Administrative
side of this High Court, under the signature of the Registrar
General, bearing No.05/2025/R&S dated 28th of July, 2025. The
said notification reads as follows:-
"48(3) (i) The facts stated in every petition shall be verified either by solemn
affirmation or on oath of the petitioner, or by a separate affidavit annexed to the
petition, the solemn affirmation or oath being made in every case before a
Commissioner for Affidavits or other officer appointed for the purpose, except
when such petition or appeal is filed by Legal Aid through JHALSA or
HCLSC."
6. By virtue of the said notification, if any, appeal is filed
through the Legal Services Authority, it is not necessary that the
said petition should be sworn by any person. An appeal which is
being filed through JHALSA or HCLSC is exempted from being
filed on oath. This means any appeal which is filed by through
JHALSA or HCLSC do not have be sworn, even if, the said
appeal contains some statement on facts.
7. In the instant case, as noted above in paragraph 2 it has
been mentioned that this appellant has not filed any appeal
before this Court. This statement is outrightly a false statement.
8. In normal course, an appeal would have been filed with
the aforesaid statement on affidavit, the paravikar could have
faced a prosecution for swearing a false affidavit. Atleast, he
should have definitely been show-caused for to explain his
conduct for swearing a false affidavit. But in this case, since it has
been filed without an affidavit, this Court is helpless.
9. In past few years, we have seen that the number of appeals
filed through legal aid i.e. by JHALSA or HCLSC has increased.
When the appeals have been field through JHALSA or HCLSC
and there is exemption from filing an affidavit, unscrupulous
litigants will definitely take benefit of this provision, which
exempts an appeal which is being filed through JHALSA, from
passing through the rigors of filing of an affidavit.
This is a very serious issue. This type of latches must be
taken care of by the authorities at the appropriate stage itself.
Thus, we direct the JHALSA or HCLSC to evolve a mechanism to
avoid this type of suppression of fact in near future. We sincerely
hope and expect that the Member Secretary, JHALSA will take
appropriate concrete steps in this matter and come up with the
proper full proof mechanism.
10. It is also made clear that when a brief is entrusted to a
lawyer by JHALSA or HCLSC, it is their responsibility to enquire
and inform the lawyer whether any similar appeal or an
application has already been filed by the litigant for the said
relief or not or for any other relief. The authority cannot shift
their responsibility by only handing over the brief to the learned
counsel and put them in an embarrassing situation in Court.
11. Learned counsel appearing on behalf of the appellant
appointed by the Jharkhand High Court Legal Services
Committee now seeks permission to withdraw this appeal.
12. Prayer is allowed.
13. Accordingly, the instant appeal is dismissed as withdrawn.
14. Let a copy of this order be placed before the Member
Secretary, JHALSA and Secretary, Jharkhand High Court Legal
Services Committee.
(ANANDA SEN, J.)
(GAUTAM KUMAR CHOUDHARY, J.)
R.S.
