Surendra Kalme vs The State Of Madhya Pradesh
2024 Latest Caselaw 6429 MP

Madhya Pradesh High Court

Surendra Kalme vs The State Of Madhya Pradesh on 1 March, 2024

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 1245 of 2024 (SURENDRA KALME Vs THE STATE OF MADHYA PRADESH)

Dated : 01-03-2024 Ms. Apoorva S. Rajput - Advocate for the appellant.

Shri C.M. Tiwari - Government Advocate for the State.

The present appeal has been filed under Section 374 (1) of Cr.P.C. against the judgment of conviction under Sections 376, 366 and 363 of the I.P.C. and maximum sentences under the three offences awarded by the trial

Court is 10 years.

Application (I..A. No.5017/2024) for condonation of delay has filed stating the reason that the appellant is in jail since long, i.e. since 26.03.2019. He is coming from very humble background and was not in a position to engage a counsel out of his resources. Thus, when the legal services authority has taken up his matter, he has been able to file the present appeal and the delay of 1589 days has been caused due to crippling financial condition.

Looking to the situation that the appellant is in jail since 26.03.2019 and the appeal has been routed through legal aid and the plea of financial

incapability, the application under Section 5 of Limitation Act is allowed. The delay caused in filing of the present appeal is condoned.

Appeal is admitted for hearing.

Record of the trial Court be called.

It is seen that the appellant is in jail from 26.03.2019 and the trial concluded on 12.07.2019. Thus, the appellant is in jail since almost five years and even after conviction, this appeal has been filed in January, 2024, i.e. after a period of four years and six months of his conviction when the matter was

routed through legal services authority.

There is a provision to file jail appeal through Jail Superintendent under 383 Cr.P.C. Provisions have also been made in Jail Manual for filing appeals through jail authorities and as per Clause 759 to 777 provisions have been carved out in the Jail Manual by the State for filing appeals, revisions and mercy petitions on behalf of convicted persons. Clause 760(3) of Jail Manual further provides that once the convict submits his appeal to the Jail Superintendent the limitation would stop to run. Clause 759 of Jail Manual makes a provision for supplying assistance and writing materials to prisoners desirous of appealing and Clause 760 relates to presentation of appeal by prisoners through Jail

Superintendent. Clause 763 provides for forwarding of appeal submitted by the convicted person to jail authorities to the concerning Court. Detailed provisions are made in jail manual for filing appeals through jail authorities.

In the present case, it appears that the jail authorities have not taken any action in terms of the aforesaid provisions of the Jail Manual, which forced the convicted person, to languish in jail without even an appeal.

Let affidavit of Director General of Prisons, State of Madhya Pradesh be filed intimating what action was taken by the jail authorities in the present case in terms of the aforesaid provisions of Jail Manual.

Let affidavit be filed within one month from today. A typed copy of this order be supplied to learned Government Advocate for the State for information and onward transmission.

(VIVEK JAIN) JUDGE

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