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Surendra Munda vs The State Of Odisha on 22 April, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

                                                          1

                                          IN THE SUPREME COURT OF INDIA
                                          CRIMINAL APPELLATE JURISDICTION

                                           CRIMINAL     APPEAL NO.726/2019
                                      (@ OUT OF SLP(CRL.)NO.3769/2019
                                               DY. NO.7719/2019)


     SURENDRA MUNDA                                                          Petitioner(s)

                                                        VERSUS

     THE STATE OF ODISHA                                                     Respondent(s)


                                                      O R D E R

Delay condoned.

Leave granted.

The appellant was convicted by the Addl. Session Judge, Fast Track Court, Rourkela, Camp. Bonai, Dist. Sundergarh vide judgment and order dated 25.08.2012 passed in Sessions Trial Case No.118/62 of 2009 for the offence punishable under Section 302 IPC and was sentenced to suffer life imprisonment.

The appeal preferred by the appellant was dismissed by the High Court on the ground that there was delay of 1192 days in preferring the appeal. The matter was thus not considered on merits by the High Court.

In our view, since the matter arose out of conviction under Section 302 IPC, the High Court ought to have condoned the delay and heard the matter on merit.

Digitally signed by INDU MARWAH Date: 2019.04.24 17:38:16 IST We, therefore, set aside the view taken by the High Court and Reason: remit the matter back to the High Court for fresh consideration on merits.

The criminal appeal No.62 of 2016 therefore, stands restored to the file of the High Court. We request the High Court to list the matter immediately for consideration. In case the appellant is unable to engage the services of any advocate of his choice, let services of an amicus curiae be ensured so that the cause of the appellant is well represented before the High Court. Since the order of conviction was passed in the year 2016, we request the High Court to dispose of the appeal as early as possible and preferably within six months from today. We have not expressed any opinion on the merits of the matter which will be gone into independently by the trial court at appropriate stage.

The appeal is allowed.

………………………………………………………………….J. [UDAY UMESH LALIT] …………………………………………………………....J. [INDU MALHOTRA] New Delhi, April 22, 2019  3 ITEM NO.33 COURT NO.8 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 7719/2019 (Arising out of impugned final judgment and order dated 01-08-2016 in MISC No. 209/2016 passed by the High Court Of Orissa At Cuttack) SURENDRA MUNDA Petitioner(s) VERSUS THE STATE OF ODISHA Respondent(s) (IA No.41363/2019-CONDONATION OF DELAY IN FILING ) Date : 22-04-2019 These matters were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Mr.Avijit Patnaik, Adv.

Mr. Shuvra Mohapatra, Adv. Mr. Sarvavid S. Pradhan, Adv. Mr. Anirudh Sanganeria, AOR Ms. Soumya Mohanty, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.

Leave granted.

The appeal is allowed in terms of the signed order.

Pending applications, if any, shall also stand disposed of.

(INDU MARWAH)                                      (RAJINDER KAUR)
COURT MASTER                                        BRANCH OFFICER

(signed order is placed on the file)