New Delhi: The Supreme Court has said that the right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution. The court made its ruling while it set aside a high court order which dismissed an appeal preferred by a man against his conviction and sentence of 10 years in a rape case on the grounds of delay.
A bench comprising justices B V Nagarathna and N Kotiswar Singh observed that since the application seeking condonation of delay has been dismissed, the appeal against the judgment of conviction and sentence has attained finality. “Consequently, the appellant has been deprived of his opportunity of assailing the said conviction as well as sentence,” said the bench, in an order passed on January 2.
Citing Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd., (2007), the bench said that this court had observed that an appeal is indisputably a statutory right and an offender who has been convicted is entitled to avail the right of appeal which is provided for under Section 374 of the Criminal Procedure Code. “Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a fundamental right,” the bench said.
Citing Rajendra v. State of Rajasthan, (1982), the bench said that where the appellant furnishes reasons for delay in filing an appeal, the court would not dismiss the appeal as time-barred without examining the reasons for the delay.
The bench said, in the present case, the reason for the delay has been stated by the appellant to be lack of monetary resources and the appellant had gone out of station to earn his livelihood. The bench said the high court has construed the same to mean that the appellant has absconded after the passing of the judgment and hence, has not been inclined to condone the delay in filing the appeal.
The apex court set aside the Madhya Pradesh High Court's order of March 2, 2023, as erroneous. The high court, due to delay, had dismissed an appeal filed by petitioner Mahesh Singh Banzara challenging his conviction and sentence of 10 years in a rape case.
"It is evident that the right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution," the bench said.
Condoning the delay of 1637 days, the bench said the high court’s order dismissing the appeal solely due to delay, without properly examining the reasons for the delay, therefore, warrants reconsideration. "Hence, there is a necessity of examining the reasons for delay in filing an appeal since the dismissal of the appeal based on mere technicalities, without a substantive assessment of the appellant's reasons, was erroneous," said the bench, restoring the matter to the file of the high court.
The apex court said the ends of justice would be subserved in the instant case if the high court order is set aside and the delay of 1637 days in filing the criminal appeal is condoned by allowing the application. The apex court asked the high court to dispose of the criminal appeal on merits and in accordance with law.
The appellant had moved the high court against the conviction and sentence passed by the trial court in July, 2025. He moved the apex court after the high court dismissed his plea seeking condonation of delay of 1637 days in filing the criminal appeal.
