Orissa High Court Probes 12-Year Delay in Criminal Appeal Filing

Court Orders Investigation into Reasons Behind the Delay in Filing Appeal by Life Imprisonment Convict Jatia Hembram

In a significant development, the Orissa High Court has taken a proactive stance in addressing a prolonged delay in the filing of a Jail Criminal Appeal by Jatia Hembram, who has been serving a life sentence under Section 302 of the Indian Penal Code (IPC). The court, presided over by Justices S.K. Sahoo and S.S. Mishra, has directed an investigation into the reasons behind the unprecedented 4565-day delay in challenging the conviction, initially handed down by the Additional Sessions Judge, Baripada, on January 30, 2013.

The court has expressed concern over the appellant's inability to provide details of any previous appeal efforts, despite claims of having entrusted someone to file an appeal privately. This uncertainty has prompted the court to instruct the Jail Superintendent of Circle Jail, Baripada, to ascertain the contact details of the counsel allegedly involved and verify the status of any appeal filed.

Additionally, the Secretary of the District Legal Services Authority (DLSA), Mayurbhanj, Baripada, has been tasked with reviewing trial court records to determine if any criminal appeal was previously filed. A comprehensive report on these findings is to be submitted to the Registrar (Judicial) to facilitate further proceedings.

The court has scheduled the next hearing for November 26, 2025, ensuring virtual appearances for both the appellant and the Secretary of the DLSA. Meanwhile, a free copy of the court's order is to be provided to the State's counsel and communicated to relevant authorities via email.

This case highlights the judiciary's commitment to ensuring justice and the importance of timely legal recourse for those incarcerated. The court's directives aim to uncover the circumstances leading to the extensive delay and ensure that the appellant's rights are duly observed.

Bottom Line:

Delay in filing an appeal - Court taking a proactive approach to ascertain reasons for inordinate delay in filing Jail Criminal Appeal, involving life imprisonment under Section 302 IPC.

Statutory provision(s): Section 302 IPC

Jatia Hembram v. State of Orissa, (Orissa)(DB) : Law Finder Doc Id # 2812457