Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delay : Supreme Court

The Supreme Court observed that the right to appeal against a conviction is a statutory right granted to the accused under Section 374 of the Cr.P.C., and a properly explained delay in filing the appeal cannot be a valid ground for its dismissal.

"Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a Fundamental Right," the Court observed.

The bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh was hearing the appeal filed against the Madhya Pradesh High Court's order dismissing the Appellant's appeal against the conviction because there was a delay of 1637 days in preferring the appeal against the conviction.

The Appellant Accused had also preferred a delay condonation application along with the appeal explaining the delay. He cited a lack of monetary resources and his going out of station to earn his livelihood as the reasons for the delay.

The High Court had construed the same to mean that the appellant has absconded after the passing of the judgment and hence, has was not inclined to condone the delay in filing the appeal. Resultantly, the appeal failed, and the sentence passed by the trial court attained finality.

Aggrieved by the High Court's order, the Appellant approached the Supreme Court.

Setting aside the High Court's decision, the Court observed that the High Court erred in dismissing the appeal solely due to delay, without properly examining the reasons for the delay.

The Court stated that the right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution.

“In Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd., (2007) 6 SCC 528, this Court observed that an appeal is indisputably a statutory right and an offender who has been convicted is entitled to avail the right of appeal which is provided for under Section 374 of the Criminal Procedure Code. Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a Fundamental Right. It was also observed in Rajendra v. State of Rajasthan, (1982) 3 SCC 382 (2), that where the appellant furnishes reasons for delay in filing an appeal, the court would not dismiss the appeal as time-barred without examining the reasons for the delay. Hence, in light of the above, it is evident that the right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution. The High Court's order dismissing the appeal solely due to delay, without properly examining the reasons for the delay, therefore, warrants reconsideration. Hence, there is a necessity of examining the reasons for delay in filing an appeal since the dismissal of the appeal based on mere technicalities, without a substantive assessment of the appellant's reasons, was erroneous.”, the Court observed.

Resultantly, the Court allowed the Appeal and condoned the delay in preferring the appeal against the conviction. It restored the impugned order file to the High Court and requested to dispose of the said Criminal Appeal on merits and in accordance with law.

Appearance:

For Petitioner(s) Mr. Sandeep Kumar Sen, AOR

For Respondent(s) Mr. Mrinal Gopal Elker AOR Mr. Amit Sharma, AAG Mr. Abhimanyu Singh, Adv. Ms. Shruti Verma, Adv. Mr. Chinmay Chaitanya, Adv.

Case Title: MAHESH SINGH BANZARA VERSUS STATE OF MADHYA PRADESH

Citation : 2025 LiveLaw (SC) 28

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