The Madhya Pradesh High Court has raised serious concerns regarding the lack of timely legal assistance to undertrial prisoners and convicts, especially in the context of filing bail applications, appeals, and revisions. This came to light during the hearing of a criminal appeal filed by Mohd. Aslam, a murder convict, who approached the Court seeking condonation of a significant 850-day delay in filing his appeal against a trial court’s judgment.
The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra admitted the appeal for final hearing, but not without expressing its dissatisfaction over the delay and the absence of immediate legal aid to the convict.
“It is a reflection on the working of Legal Aid in the State,”
the Court observed sternly.
In its order dated April 28, 2025, the High Court allowed the application for condonation of delay after taking into account that the appellant was a financially weak individual with no source of income or family support. This lack of assistance and representation led to a prolonged delay in seeking justice.
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Further, the Court directed the District Legal Services Authority (DLSA), Rewa, to submit a detailed report explaining why legal aid was not promptly provided to the appellant. It also asked the Superintendent of Central Jail, Rewa, to clarify the reasons behind the failure to arrange legal assistance for timely appeal filing.
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Expanding the scope of its directive, the Court instructed the Secretary of the State Legal Services Authority to gather reports from all jail superintendents across Madhya Pradesh. These reports must address the legal aid facilities provided to undertrial prisoners and convicts, especially in relation to filing bail pleas, appeals, and revisions.
“Let the report be called for and submitted on or before 13th May, 2025,”
the Court directed.
The matter has been scheduled for the next hearing on May 15, 2025.
Case Title: Mohd. Aslam Vs The State Of Madhya Pradesh, CRA No. 3975 Of 2025
