Anoop Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Anoop Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The merits judgment was passed and signed separately (its result is not in this document). Ancillary directions granted: immediate legal aid/assistance for co-accused Raj alias Vikram and Vicky to file their appeals; explanation from the Secretaries of DLSA Raipur and Koriya within 15 days; separate Cr.M.P. to be registered by the Registry and placed before the Court with the explanations.

Issue for consideration

Whether the two co-accused, Raj alias Vikram and Vicky, had preferred any appeal against their conviction and sentence. +1 more

Court's answer

Finding of fact: co-accused Raj alias Vikram and Vicky are languishing in Central Jail, Ambikapur and Central Jail, Raipur respectively since 22.12.2018 (date of conviction) and no appeal has been filed by them questioning their conviction and sentence.

Ratio / Principle

The non-filing of appeals by the jailed co-accused despite earlier directions on legal aid is a serious lapse on the part of the Secretary, District Legal Services Authority, Raipur and the Secretary, District Legal Services Authority, Koriya.

Key takeaways

Direction: the two DLSA Secretaries are to immediately provide necessary legal aid/assistance to the co-accused in filing their appeals against conviction and sentence, without any further delay.ratio¶8
Explanation is to be sought from the Secretary, DLSA Raipur and the Secretary, DLSA Koriya for the failure to provide legal aid; their explanation must reach the Court within 15 days.ratio¶8
The Registry is to register a separate Cr.M.P. in this regard and place it before this Court along with the DLSA Secretaries' explanation.

Detailed headnote1 paragraphs

High Court of Chhattisgarh, Bilaspur, Criminal Appeal No. 358 of 2019 (Anoop, Raju and Firoz v. State of Chhattisgarh), order dated 13.01.2025 (Sanjay K. Agrawal and Sanjay Kumar Jaiswal, JJ.). The appeal was heard finally and the merits judgment passed and signed separately. Five accused tried in Sessions Case No.102/2012 had been convicted by the Second Additional Sessions Judge, Manendragrarh (Dist. Koriya) on 22.12.2018; only three appealed. Acting on its order dated 10.1.2025 and the report dated 12.1.2025 of the Superintendent, Central Jail, Bilaspur, the Court found the two non-appealing co-accused, Raj alias Vikram (Central Jail, Ambikapur) and Vicky (Central Jail, Raipur), in custody since 22.12.2018 without having filed appeals; held the inaction a serious lapse by the Secretaries of DLSA Raipur and Koriya; directed them to forthwith provide legal aid/assistance for filing the appeals; called for their explanations within 15 days; and directed the Registry to register a separate Cr.M.P. to be placed before the Court with those explanations.

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HIGH COURT OF CHHATTISGARH AT BILASPUR

Criminal Appeal No. 358 of 2019

Anoop & 2 Others Vs. State of Chhattisgarh

Order Sheet

13/01/2025

Mr. Ajay Mishra, Advocate, for Appellant.
Mr. Ashish Shukla, Additional Advocate General and
Mr. Amit Buxy, Panel Lawyer, for Respondent-State.
Heard the present appeal finally and the judgment has
been passed and signed separately today itself.
There are total five accused persons who have been
tried in Sessions Case No.102/2012 and convicted by the
judgment dated 22.12.2018 passed by the Second Additional
Sessions Judge, Manendragrarh, District Koriya. The present
appeal has been filed by only three accused persons namely
– Anoop, Raju and Firoz. For the remaining two accused
persons namely RajaliasVikram and Vicky, this Court by its
Order dated 10.1.2025 had directed the Superintendent of
Jail, Koriya to submit a report before this Court as to whether
they have preferred any appeal against their conviction and
sentence or not.

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Pursuant to the Order dated 10.1.2025 of this Court, the Superintendent, Central Jail, Bilaspur, has submitted his report dated 12.1.2025 which reveals that the abovementioned two co-accused persons namely - Raj alias Vikram and Vicky both are languishing in Central Jail, Ambikapur and Central Jail, Raipur respectively since 22.12.2018 i.e. the date on which they have been convicted and sentenced by the Trial Court and still no appeal has been filed by the said accused persons questioning their conviction and sentence. This is a serious lapse on the part of the Secretary, District Legal Services Authority, Raipur and the Secretary, District Legal Services Authority, Koriya. They are directed to immediately provide necessary legal aid/assistance to the above-mentioned accused persons in filing their appeal against their conviction and sentence, without any further delay, as it appears from the record that they have not preferred appeal till date. Let explanation be sought from the Secretary, District Legal Services Authority, Raipur and the Secretary, District Legal Services Authority, Koriya as to why they have not taken any steps to provide legal aid/assistance to the said accused persons, despite various directions have been issued by this Court from time to time in respect of providing necessary legal aid/assistance to the accused persons who are languishing in jail and have not yet filed their appeal. Their explanation must reach before this Court within 15 days from today.

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A separate Cr.M.P. be r regard and placed before explanation.	egistered by the Registry in this this Court along with their
Sd/- (Sanjay K. Agrawal) JUDGE	Sd/- (Sanjay Kumar Jaiswal) JUDGE

sharad

SHARAD Digitally signedby SHARAD KUMAR KUMAR YADAVDate: YADAV 2025.01.2018:40:14 +0530