NDLI: Madray Hayawadanrao Hoskot Vs. State of Maharashtra

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	S. 363 read with S. 387 388 of the Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Constitution of India Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Right Jo free copy of the judgment by the accused under S. 363 read with S. 387, 388 of the Code of Criminal Procedure 1973 (Act 2 of 1974), scope of - Duties of the Court to furnish the copy and duty of the jail authorities to obtain the signature of the accused when the copy is delivered through the jail authorities - Constitution of India, 1950 Art. 19(1) (d) read with sub-Art. (5) and Art. 21. Right to counsel by the accused-Constitution of India 1950, Articles 21, 22, 39A and 142 read with S. 304 of the Criminal Procedure Code, 1973, explained.Words and Phrases "procedure established by law" in Art. 21 of the Constitution, explained - "Fair Procedure" ingredients of. Punishment and sentence - Correctional approach by Courts to prison treatment and nominal punishment verging on decriminalisation of serious social offence, explained. Special leave petition, grant of Art. 136 of the Constitution is subject to the fundamental rules laid down by this court.Under s. 363(1) of the Criminal Procedure Code, 1973, "when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost". Under s. 363(2), "on the application of the accused, a certified copy of the judgment or when he so desires a translation in his own language if practicable or in the language of the Court, shall be given to him, without delay and such copy shall in, every case where the judgment is appealable by the accused be given free of cost : Provided that where the sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same". By s. 387 of the Code, these provisions contained in Chapter XXVII are applicable so far as may be practicable to the judgment in appeal by a Court of "Sessions or Chief Judicial Magistrate. S. 388, however, requires that the order of the High Court on appeal should be certified to lower court and the court to which the High Court certifies its judgment shall make such orders as are comfortable to the judgment of the High Court.The petitioner was tried for the various offences under s.417 read with s.511 I.P.C., s. 467 I.P.C. s. 468 l.P.C. and 471 read with s. 467 I.P.C. by the Sessions Court and found guilty of the said offences but sentenced to a soft sentence of simple imprisonment till the rising of the Court and some fine. Two appeals were filed one by the petitioner and the other by the State. The High Court dismissed the petitioner's appeal and accepting the State's appeal enhanced the sentence to three years on 22-11-73. On 26-11-73, in conformity with the judgment of the High Court, the Sessions Court passed necessary orders to the Central Prison Authority Bombay to take him into custody. He was later on transferred to Yeravada Jail, Pune. The petitioner under went the full period of imprisonment and filed the special leave petition with a petition for condonation of delay contending that on 10-12-73 he had applied under s. 363(2) read with s. 387 of the Code for a certified copy of the judgment dated 22-11-73 through the jail authorities and that though the copy was received by the jail authorities in March 1974 from the High Court it was never delivered to him, with the result he not only lost his right to appeal by special leave but was forced to come up with a condonation petition after obtaining another certified copy from the High Court.
Judge	N/A
Neutral Citation	1978 INSC 137
Petitioner	Madray Hayawadanrao Hoskot
Respondent	State Of Maharashtra
SCR	[1979] 1 S.C.R. 192
Judgement Date	1978-08-17
Case Number	408

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