9911796707
TMI Blog2001 (3) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... vide the order impugned in this appeal. 3. At the time of preliminary hearing on 1.12.2000, the learned Senior Counsel Shri Anoop G. Chaudhary submitted that the position in the Madhya Pradesh High Court regarding criminal appeals pending before the Division Bench was that as on that day appeals of 1989-1990 have only been taken up. The appeal filed by the appellant, being an appeal of 1997, there was no reasonable chance for its being brought on Board. Distressed by such a situation allegedly prevailing in the High Court, we called for the report of the Registrar of the Madhya Pradesh High Court (Jabalpur) as to the position of the criminal appeals pending before the Division Bench and the possibility of this 1997 appeal to be heard in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l being a statutory right, the trial court's verdict does not attain finality during pendency of the appeal and for that purpose his trial is deemed to be continuing despite conviction. It is unfortunate that even from the existing strength of the High Courts huge vacancies are not being filled up with the result that the accused in criminal cases are languishing in the jails for no fault of theirs. In the absence of prompt action under the constitution to fill up the vacancies, it is incumbent upon the high courts to find ways and means by taking steps to ensure the disposal of criminal appeals, particularly such appeals where the accused are in jails, that the matters are disposed of within the specified period not exceeding 5 years i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umstances was also kept in jail to be looked after by the appellant till he attained the age of three years. Now the said child has been sent out as the jail authorities did not permit the child to remain with the appellant after attaining the age of three years. Keeping the appellant further in jail is likely to deprive the said child of the parental love, affection and care which he needs at this stage. There is no law by which such a child can also be directed to be kept with the appellant in jail. Depriving the appellant from looking after the child would not only be against the interests of the child but against the interests of the society as well. 7. In the circumstances of the case we allow this appeal by setting aside the order imp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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