The court can dismiss the appeal for non prosecution and enforce discipline or refer the matter to the Bar Council with this end in view. But the matter can be disposed of on merits only after hearing the appellant or his counsel. The court might as well appoint a counsel at State cost to argue on behalf of the appellants. Since the order of conviction and sentence in the present matter has been confirmed without hearing either the appellants or counsel for the appellants, the order must be set aside and the matter must be sent back to the High Court for passing an appropriate order in accordance with law after hearing the appellants or their counsel and on their failure to engage counsel, after hearing counsel appointed by the Court to argue on their behalf.
AIR 1987 SC 1500 : (1987) CriLJ SC 1856
(SUPREME COURT OF INDIA)
Ram Naresh Yadav and others Versus State of Bihar
(Before : M. P. Thakkar And S. Natarajan, JJ.)
Criminal Appeals Nos. 334-35 of 1986 (Arising out of S.L.P. (Cri) Nos. 1890-91 of 1985) , Decided on : 21-07-1986.
Appeal—Procedure—Dismissal without hearing the Counsel of accused—The duty of court to appoint a counsel at State expenses to dispose of the appeal on merits.
Criminal Procedure Code, 1973—Section 386—Appeal—Procedure—Dismissal without hearing the Counsel of accused—The duty of court to appoint a counsel at State expenses to dispose of the appeal on merits.
order
1. Special leave granted. Heard both the sides.
2. It is an admitted position that neither the appellants nor counsel for the appellants in support of the appeal challenging the order of conviction and sentence, were heard. It is no doubt true that if counsel do not appear when criminal appeals are called out it would hamper the working of the court and create a serious problem for the court. And if this happens often the working of the court would become well nigh impossible. We are fully conscious of this dimension of the matter but in criminal matters the convicts must be heard before their matters are decided on merits. The court can dismiss the appeal for non-prosecution and enforce discipline or refer the matter to the Bar Council with this end in view. But the matter can be disposed of on merits only after hearing the appellant or his counsel. The court might as well appoint a counsel at State cost to argue on behalf of the appellants. Since the order of conviction and sentence in the present matter has been confirmed without hearing either the appellants or counsel for the appellants, the order must be set aside and the matter must be sent back to the High Court for passing an appropriate order in accordance with law after hearing the appellants or their counsel and on their failure to engage counsel, after hearing counsel appointed by the Court to argue on their behalf. As the matter is being remanded to the High Court, no orders can be passed on the bail application. The appellants, if so advised, may approach the High Court for bail.
3. The appeals are party allowed and disposed of accordingly.
