Supreme Court: Right of appeal is fundamental, delays need careful consideration.

Last Updated on January 25, 2025 by NewsDesk SLC

The Supreme Court said that the right of appeal against a conviction affecting the liberty of an individual is a fundamental right which is derived from a broad interpretation of Article 21 of the Constitution. He emphasized that an appeal cannot be dismissed as barred without careful consideration of the reasons for the delay.

A bench of Justices B Nagarathna and N Kotiswar Singh allowed a petition filed by Mahesh Singh Banzara against the judgment of the Madhya Pradesh High Court which dismissed his plea against the 1,637-day delay in his criminal appeal against his conviction. and rigorous imprisonment for seven years and a fine of Rs.10,000 and six months’ imprisonment in default under Section 366 of the Indian Penal Code (IPC) and 10 years’ rigorous imprisonment and a fine of Rs.50,000 in six months with six months’ Imprisonment in default under Section 376 par . 2 letter n) IPC. Following the rejection of the applicant’s application for leniency, the conviction and sentence handed down by the Tribunal on 23 July 2015 became final.

In his appeal to the Supreme Court, counsel for the petitioner submitted that the reason for the delay was lack of funds and his leaving the station to earn a livelihood. The High Court interpreted this to mean that the petitioner absconded after the judgment and was therefore not inclined to condone the delay in filing the appeal. Consequently, the applicant was deprived of the opportunity to challenge the said conviction and sentence. Examining his contention, the Supreme Court said that in Dilip S Dahanukar vs Kotak Mahindra Co Ltd (2007), the court observed that appeal is undeniably a statutory right and an offender who has been convicted is entitled to exercise the right to appeal under Section 374 of the Penal Code order.

“The right of appeal against a conviction affecting the liberty of a person in view of the broad definition of Article 21 is also a fundamental right,” the court said. The court pointed out that in Rajendra v. State of Rajasthan (1982) also held that if the petitioner gives reasons for the delay in filing the appeal, the Court would not dismiss the appeal without examining the reasons for the delay. .

“Therefore, it is clear that the right to appeal, especially with respect to individual liberty, is a fundamental right under Article 21 of the Constitution. So it requires a new assessment for the delay, “means the bench. According to the court, therefore, it was necessary to examine the reasons for the delay in filing the appeal, as the dismissal of the appeal based on mere technicalities, without substantial consideration of the appellant’s reasons, was erroneous. “In the circumstances, we find that the ends of justice would be served in the instant case if the impugned order of 2/3/2023 should be set aside. The delay of 1,637 days in filing the criminal appeal is therefore forgiven by the fact that the request was granted. “He ordered a bench.” The Court returned the criminal complaint to the High Court docket with a request that the matter be dealt with factually and in accordance with the law.