The right to appeal is a fundamental constitutional right, necessitating prompt and effective legal aid for convicts with limited resources.

ORDER

1.This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

2. As per the order dated 24.11.2025, Mr. Manoranjan Pratihari, Jail Superintendent, Circle Jail, Baripada has appeared through virtual mode and he has also ensured the presence of the appellant through virtual mode.

3. The appellant Jatia Hembram has preferred this appeal challenging the judgment and order dated 30.01.2013 of the learned Addl. Sessions Judge, Baripada in S.T. Case No.5/26 of 2011-10 in convicting him for offence under section 302 of I.P.C. and sentencing him to undergo imprisonment for life.

4. When the matter was taken up on 24.11.2025 and we found that the Stamp Reporter has reported that there is a delay of 4565 days in filing the JCRLA, we asked the Registry to verify whether any regular Criminal Appeal/JCRLA has been filed by the appellant earlier challenging the impugned judgment.

5. As per the order dated 24.11.2025, the Dealing Assistant, Computer Filing Section has reported that after thorough search in the C.I.S. portal, it was found that only this Jail Criminal Appeal has been filed on 04.10.2025. In the order dated 24.11.2025, we called for a report from the learned District & Sessions Judge, Baripada, Mayurbhanj as to why the impugned judgment was not challenged before this Court earlier by filling the Criminal Appeal/Jail Criminal Appeal since regular inspections are being made to the jail not only by the learned District Judge but also by the Officers attached to District Legal Services Authority.

6. The learned District and Sessions Judge, Baripada, Mayurbhanj has filed a report, which is taken on record.

7. In the report, the learned District and Sessions Judge, has stated that since he joined as the District and Sessions Judge, Mayurbhanj, Baripada on 15.05.2025, regular jail inspections have been conducted by him personally, as well as by the Secretary, District Legal Services Authority, Mayurbhanj and during every such jail visit, all convicts are individually informed regarding their right to prefer appeals and are specifically enquired regarding filing of Jail Criminal Appeals within the stipulated appeal period. Further, the Secretary, DLSA, Mayurbhanj has also been instructed to verify and report whether all convicts have preferred their Criminal Appeals before this Court and to ensure that Legal Aid is provided promptly in all eligible cases. Accordingly, the Secretary, DLSA, Mayurbhanj has taken necessary steps for filing Criminal Appeals of the convicts before this Court in all cases where no appeal had been filed as well as in the cases where no data was available whether any appeal has been preferred. It is further stated in the report that after the matter was brought to the notice of the authority, the appeal petition of the convict, Jatia Hembram was forwarded to the High Court Legal Services Committee of this Court by the Secretary, DLSA, Mayurbhanj vide letter dated 20.09.2025 for providing the necessary Legal Aid and assistance to the convict for filing the appeal. It is further stated in the report that the delay in filing the appeal in this case was not intentional. The learned District and Sessions Judge begged sincere apology for unintentional delay occasioned in filing the appeal and he has assured this Court in writing that he shall remain vigilant in future and shall take all necessary steps to ensure that all the Jail Criminal Appeals of the convicts are filed within the stipulated period henceforth.

8. We also asked the Secretary, DLSA, Mayurbhanj, Baripada vide order dated 24.11.2025 to verify from the records as to whether the trial Court record of the case either in original or in digital form has been called for by this Court in connection with any Criminal Appeal or Jail Criminal Appeal.

9. Miss Rajashree Pattanayak, Secretary, D.L.S.A., Mayurbhanj appearing through virtual mode informed us that she had verified that the trial Court record of the case either in original or in