Measures Needed For Expeditious Disposal Of Criminal Appeals In Which Appellants Are Still In Custody: Orissa High Court

The Bench of Justice S. K. Mishra and Justice Savitri Ratho hoped that appropriate measures would be taken by the State of Odisha and the High Court of Orissa "for expeditious disposal of the Criminal Appeals in which the appellants are still in custody."

The matter before the Court

The Court observed this while rejecting the criminal appeal filed by a person who had assailed his conviction under Section 302 of the Indian Penal Code, 1860 and sentence of imprisonment for life and to pay a fine of Rs.1000/- (rupees one thousand), in default to pay the fine, to undergo rigorous imprisonment for one month, passed by learned Addl. Sessions Judge, Jajpur.

Court's observation

"As regarding the delay in disposal of the appeal is concerned, we are constraint to observe that because of things or matters not in the hands of the judiciary, the appeals are being taken up at a belated stage for which we consider all the stake holders including the judiciary responsible for the same. But at the same time we do not say that judiciary is alone responsible for delay in disposal of the cases", said the Court.

The Court also said,

"We hope and trust that appropriate measures should be taken by the State of Odisha and the High Court of Orissa for expeditious disposal of the Criminal Appeals in which the appellants are still in custody."

The Supreme Court in June 2020 directed the High Courts of Uttar Pradesh, Rajasthan, Madhya Pradesh, Patna, Rajasthan, Bombay and Orissa to file affidavits submitting their 'plan of action' for deciding the criminal appeals that have been pending before the High Courts for a long period of time.

The bench of Justice L. Nageswara Rao and S. Ravindra Bhat was considering a criminal appeal against an order of Allahabad High Court rejecting suspension of sentence of a convict in a murder case.

Case title – Shyam Sundar Jena v. State Of Orissa [JCRLA NO.73 0F 2006]

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