The considerations on account of delay and limitation ought not to negate the right of appeal inhering in an accused, the Supreme Court remarked.
In this case, the accused was convicted in a murder case and was sentenced to life imprisonment. The appeal filed by him before the Odisha High Court was dismissed on the ground of delay of 1192 days in preferring the appeal. Later, the Supreme Court, taking note of the fact that the matter was not considered on merits, set aside the High Court order and remitted the appeal back to it.
In its review petition, the state contended that the view taken by the Court will have far reaching consequences on the outcome of other cases. While dismissing the review petition, the bench comprising Justices Uday Umesh Lalit and Indu Malhotra observed thus:
"In a criminal matter, where the life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right. The considerations on account of delay and limitation ought not to negate the right of appeal inhering in an accused."
Case no.: Review Petition(Crl.)D.No.4235 of 2020Case name: State of Odisha vs. Surendra MundaCoram: Justices Uday Umesh Lalit and Indu Malhotra