- (1.) In the aforesaid interlocutory applications preferred in criminal appeals, it appears that there is a long delay in preferring the criminal appeals. In some cases, it is more than 5 years, 6 years or 7 years. This cannot be tolerated at any cost. It appears that the State Authorities are turning a deaf ear to the orders passed by this Hon'ble Court giving enough adequate and sufficient guidance and they are as under:-- (a) Order dated 6th March, 2013 in I.A. No. 1105 of 2013 in Cr. Appeal (DB) No. 1088 of 2012, especially paragraphs 3, 4, 5 & 6 thereof, (b) Order dated 10th February, 2014 in Cr. Appeal (DB) No. 465 of 2013 especially Paragraph Nos. 8, 9, 10 and 11 thereof, still there are several other orders, in which we have given directions to the Superintendents of Jail in the State of Jharkhand that they are in Loco Parentis to the position. After reasonable time of the limitation period to prefer an appeal after conviction, it is the duty of the Superintendent of concerned Jail to inform either the District Legal Services Authority or Jharkhand State Legal Services Authority or at least Legal Aid Clinic, which are opened in each and every districts of State of Jharkhand. More than one dozen orders have been passed reiterating this aspect of the matter but it appears that lethargic approach of the Superintendents as yet remained as it was and in the aforesaid applications, the following is the delay:--
(2.) We have also passed several orders in which we have given Email addresses of the District Legal Services Authority of all 22 districts of the State so that from jail at least Email can be sent, after reasonable period from completion of the limitation, to prefer an appeal to the District Legal Services Authority and immediately the appeal can be preferred by providing legal aid. This direction has not been followed by the Superintendent of aforesaid jails.
(3.) The Superintendent of the concerned Jails should never wait for-- (a) Certified copy of the judgment of the trial court in Sessions Trial. (b) Copies of the evidences led before the Sessions Court or before the trial court. (c) Any application to be preferred by the convict to the Superintendent.;