Kalu vs The State Of Madhya Pradesh
2024 Latest Caselaw 14289 MP

Madhya Pradesh High Court

Kalu vs The State Of Madhya Pradesh on 15 May, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     CRA No. 5046 of 2024
                                          (KALU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 15-05-2024
                               Ms. Aditi Mudgal, learned counsel for the appellants.

                               Shri G S Chouhan, learned counsel for the respondent/State.

Heard on I.A. Nos. 6577/2024, 6578/2024, 6579/2024, 7675/2024 and 7676/2024.

I.A. Nos. 6577/2024 (Appellant No.1-Kalu), 6578/2024 (Appellant No.2-

Deepak @ Deepala) and 6579/2024 (Appellant No.3 Ravi @ Gunga) have been presented by appellants himself through Jail Superintendent, Central Jain Ujjain for condonation of delay in filing the Criminal Appeal challenging the judgment of conviction and sentence dated 08.10.2021 in Special Case No.115/2020 by Special Judge, Protection of Children from Sexual Offence Act, 2012, Ratlam whereby they have been convicted for the offence punishable under Section 366, 376 DA, 302 read with section 34 and 201 of IPC and Section 5(G)/6 of Protection of Children From Sexual Offence Act, 2012 and sentenced to undergo 10 years R.I., life imprisonment for the remainder of natural life, life

imprisonment for the remainder of natural life, 5 years R.I., life imprisonment for the remainder of natural life, and fine of Rs.2,000/-, Rs. 5,000/-, Rs. 5,000/-, Rs. 2,000/- and Rs.5,000/- with stipulation.

The delay in filing the Criminal Appeal has pointed out by the office is 681 days.

I.A. No.7675/2024 is preferred by counsel, appointed by Madhya Pradesh Legal Service Committee to represent the Appellant No.2- Kalu for condonation of delay in filing Criminal Appeal and I.A. No.7676/2024 is

preferred for dispensing with filing of affidavit in support of application.

No such applications have been preferred for condonation of delay by the counsel appointed by the Madhya Pradesh Legal Service Committee on behalf of appellant No.2 Deepak @ Deepala and appellant No.3 Ravi @ Goonga.

In the applications through Jail Superintendent, Central Jail, Ujjain reason is mentioned of delay that the appellants are in custody and due to poor economic condition, the family members of appellants could not arrange the legal assistance. The reasons mentioned in the applications are sufficient to condone the delay. Accordingly, I.A. Nos. 6577/2024, 6578/2024, 6579/2024,

7675/2024 and 7676/2024 are allowed. The delay in filing the Criminal Appeal is hereby condoned.

Criminal Appeal is admitted for final hearing.

Record of the Trial Court be called for.

Secretary Madhya Pradesh High Court Legal Service Committee ,Indore is expected to monitor the lapses in representation of the persons to whom legal services is being provided. The attention of Secretary Madhya Pradesh High Court Legal Service Committee, Indore is drawn why the application for condonation of delay have not been filed on behalf of appellant No.2 Deepak @ Deepala and Ravi @ Goonga and why the affidavit was not obtained from the Jail Superintendent of Central Jail, Ujjain. If such applications would have not been received through Central Jail then the interest of prisoners would have affected. The Secretary Madhya Pradesh High Court Legal Service Committee, Indore is expected to devise the procedure in this behalf.

Matter be listed for final hearing.

Copy of this order be supplied to Secretary Madhya Pradesh High Court Legal Service Committee, Indore.

                            (S. A. DHARMADHIKARI)                                 (GAJENDRA SINGH)
                                     JUDGE                                             JUDGE

                         Praveen