Orissa High Court
Bana @ Bana Pradhan vs State Of Orissa on 4 December, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.126 of 2007
Bana @ Bana Pradhan .... Appellant
None
-versus-
State of Orissa .... Respondent
Mr. S.N. Das, A.S.C.
CORAM:
THE CHIEF JUSTICE
JUSTICE A.K. MOHAPATRA
ORDER
04.12.2021
Order No.
02. 1. It is a matter of concern that this appeal which is directed
against the judgment dated 18th December 2006 sentencing the
Appellant to imprisonment for life for the offence under Section
302 IPC with fine of Rs.2000/-; RI for three years and fine of
Rs.1000/- for the offence under Section 201 IPC and R.I. for one
year and fine of Rs.500/- for the offence under Section 498-A of
IPC has not even been listed once since it was filed on 7th March,
2007. In other words, for fourteen years the lawyer who filed the
appeal has not even bothered to have the appeal listed. The defect
pointed out was not a significant one and in any event, an appeal
involving life sentence ought to have been listed at the earliest.
2. It is only when a few days ago that a criminal appeal involving
life sentence which had been pending for more than three years
was mentioned before the Court stating that it had not even been
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listed once. This prompted the Court to enquire if there were other
criminal appeals similar in nature which had not even been listed
once. The Registry then unearthed as many as 52 criminal appeals
not even listed once, of which at least 5 are more than ten years
old; 14 are more than 3 years old and 5 are more than two years
old and the rest filed earlier this year.
3. The clear instruction is issued by this order to the Registry that
criminal appeals involving sentences of imprisonment for life or
death should be placed before the Court, even with defects which
may remain uncured, not later than one month after such appeal is
filed. This instruction is necessary because such appeals involve
life and liberty of the Appellants. Such Appellants should not
suffer for the failure of their lawyer to remove, in good time, the
defects pointed out by the Registry. In other words, these appeals
should be listed, even with defects, before the Court positively
within one month of such appeal being filed. It is clarified that this
instruction is limited to criminal appeals involving sentences of
life imprisonment or death sentence.
4. In the present appeal, none appears for the Appellant. In that
view of the matter, while admitting the appeal and asking for soft
copy of the LCR to be sent forthwith, the Court directs the
Secretary, Orissa High Court Legal Services Committee
(OHCLSC) to assign a lawyer of at least ten years standard to
appear for the Appellant. A complete set of papers be supplied to
the Secretary, OHCLSC for being immediately handed over to the
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assigned lawyer who will then get in touch with the Appellant-
prisoner, if he is still in prison, for instructions.
5. Mr. Das, learned Additional Standing Counsel appearing for the
State accepts notice and states that he will immediately ascertain
the present status of the Appellant and inform the Court if any
urgent directions are required.
6. The Appellant will be informed through the Superintendent of
Jail concerned of today's order. The Secretary OHCLSC will
furnish to the Appellant through the Jail Superintendent the details
of the lawyer who has been assigned and who is directed to get in
touch with him either in virtual mode or by visiting the jail for
instructions.
7. List for directions on 7th March, 2022.
8. An urgent certified copy of this order be issued as per rules. A
copy of this order be transmitted forthwith both to the concerned
jail Superintendent as well as the Secretary, OHCLSC for
compliance.
(Dr. S. Muralidhar)
Chief Justice
( A.K. Mohapatra )
S.K. Guin Judge
