ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1677 OF 2008 WRIT PETITION NO.1677 OF 2008 WRIT PETITION NO.1677 OF 2008 Shankar M.Rawal ...Petitioner. Vs. The State of Maharashtra ...Respondent. None for the Petitioner. Mr.P.S.Hingorani, APP for the State. CORAM CORAM CORAM : BILAL : BILAL : BILAL NAZKI & NAZKI & NAZKI & ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATED DATED DATED : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. : 27TH JANUARY, 2009. P.C. P.C. P.C. In this case a letter has been received from a prisoner through Jail basically seeking parole. This letter was sent on 2nd June, 2008. From this letter we found that the prisoner has been arrested on 13th September, 2001 and was convicted for various offences to suffer life imprisonment on 26th November, 2004 and he is in Jail. 2. It was revealed that the prisoner has not filed any appeal. Therefore, we passed an order on 13th January, 2009 directing the Secretary, Maharashtra State Legal Services Authority to take immediate ( 2 ) steps to appoint an advocate who will contact the prisoner and if agreed by the prisoner, to file an appeal in this Court against the order of conviction. The Secretary, Maharashtra State Legal Services Authority has filed his report and has already appointed Mr.Rajan Salvi, Panel Advocate as the Advocate for the prisoner who is present in the Court and submits that he contacted the prisoner and will file an appeal within a week. 3. We do not know, if the Secretary, Legal Services Authority has any mechanism for providing legal aid to the convicts who are not able to file appeals against the conviction either because they are not aware of their rights or because they are not be in a position to engage a counsel. 4. Therefore, we direct that all the Magistrates and Session Judges, who convict the Accused persons and sentence them for various sentences, shall inform immediately to the convicts about their rights of Appeal and after the convicts are sent to the jail, the Superintendent of Jail shall enquire from the convicts in writing as to whether he has filed appeal against conviction or not and if he ( 3 ) has not filed any appeal, whether he is interested in filing the same. The necessary answers to these questions shall be taken in writing by the Superintendent of Jail. 5. The prisoner shall further be asked as to whether he wants the legal assistance from the State and if the prisoner gives answer in affirmative, the Superintendent of Jail, shall immediately inform the Secretary, Maharashtra State Legal Services Authority, about the matter and once the consent is received, the Secretary, Maharashtra State Legal Services Authority, shall take immediate steps to provide legal assistence to the prisoner and see that the Appeal shall be filed on behalf of the prisoner. 6. For the directions which are being given to the Magistrates and the Sessions Judges, the Registrar General of this Court to issue a circular and the directions which are being given to the Superintendent of Jail, the Home Department of the State of Maharashtra, to issue direction to all the Superintendent of the Jail, immediately. ( 4 ) 7. We understand that the Petitioner’s parole leave was rejected only on the ground that the Petitioner has claimed that his mother was not well. On enquiry it was found not to be true. Therefore, we did not entertain the relief to grant parole to the Petitioner. 8. The prisoner is allowed to make a fresh application for furlough as he has been in custody for the last almost 8 years. If such an application is made the same shall be considered by the concerned authorities within two weeks of its presentation. 9. With the above directions, the Writ Petition is disposed of. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)