JUDGMENT

Vipin Sanghi, J.

CRL.M.A. 30949-30951/2018

1. The aforesaid applications have been preferred by the appellant to seek condonation of 314 days in filing the present appeal, and condonation of further 44 days in re-filing the appeal. The present appeal has been preferred by the appellant under Section 374 and 375 Code of Criminal Procedure, 1973 (The code) read with Section 21 of the National Investigation Agency Act, 2008 (The NIA Act for short).

2. The appellant has preferred the appeal to seek setting aside of the order on sentence dated 24.01.2017 passed in Sessions Case No. 12/16 by the Learned District and Sessions Judge, Special Court NIA, Patiala House Courts. The appellant has accepted his conviction for the offences punishable under Section 120B IPC and Section 18, 20, 38 and 40 of the Unlawful Activities Prevention Act, 1997 (as amended).

3. We heard learned counsels on the aspect of condonation of delay in filing and re-filing of the present appeal, and reserved orders on 27.09.2018. However, we could not pronounce orders earlier due to our busy schedule. Accordingly, we listed the matter for recapitulation of submissions. We have, accordingly, heard learned counsels and we proceed to dispose of these two applications by this decision.

4. The appellant states that he is in judicial custody and that he has no family members, and no other acquaintances in Delhi. He was represented by legal aid counsel before the Trial Court. He claims that he was not provided with the complete documentation relied upon by the National Investigation Agency (NIA) in the instant case till the date on which charges were framed against him. He claims that a part of the documents relied upon by the prosecution may have been supplied to the learned legal aid counsel, but the same have not been handed over to him despite repeated requests.

5. He claims that looking to his past incarceration, he informed the officials of the NIA of his desire to plead guilty to the charges, and the officials promised him that they will ensure that he will be let off with the minimum sentence of 5 years. He was also promised that he would be transferred to a jail in his home state i.e. Taloja Central Jail in Mumbai, to undergo the remaining portion of his sentence. For this reason, he did not feel it necessary to collect all the relevant documents related to his case. He moved an application on 29.03.2017 to plead guilty to all the charges framed against him. Consequently, his statement conveying his intention to plead guilty was recorded on 12.04.2017. He submits that contrary to the assurance given to him, the Special Court NIA, Patiala House Courts passed the order on sentence on 21.04.2017, sentencing him to rigorous imprisonment for up to 7 years in respect of the several offences, and to undergo the default sentence of 30 days in respect of each of the offences on non payment of fine. He claims that he was devastated with the sentence pronounced by the Special Court and he went into severe depression for about 6 months. With the help of kind hearted inmates and support of his family, he came out of his depression and started exploring the avenues available to him. He learnt that the legal aid cell within Tihar Jail, New Delhi would provide him the necessary legal assistance needed to challenge the order on sentence. He attempted to consult a lawyer, but he was informed that he would need to first collect the documents regarding the case against him. Since the appellant was confined in High Security Section of the Jail, he faced difficulty in freely speaking to fellow inmates, let alone to collect documents. He had nearly given up and resigned to his fate. However, he informed his uncle based in Maharastara regarding the trouble faced by him in collecting documents and obtaining legal advice. His uncle then assured him of his help. He states that his uncle, who is the pairokar for the purpose of the present appeal, resides in Maharashtra