MADRAY HAYAWADANRAO HOSKOT versus STATE OF MAHARASHTRA

MADRAY HAYAWADANRAO HOSKOT versus STATE OF MAHARASHTRA

Prisoners sentenced to imprisonment are entitled under Article 21, with statutory support in Sections 363, 387, and 388 CrPC, to timely and free delivery of the judgment to enable the right of appeal; the administration must ensure actual receipt and acknowledgment by the prisoner. An indigent prisoner unable to secure legal assistance is, by force of Articles 21 and 39A and Section 304 CrPC, entitled to assignment of counsel at State expense if justice so demands.

Parties
Petitioner: Madray Hayawadanrao Hoskot; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
17 August 1978
Procedural Posture
Special Leave Petition (criminal) / Petition for Special Leave to Appeal Under Article 136, Post Conviction and Sentence by High Court
Outcome
Special Leave Petition dismissed (delay condoned, but relief denied)
Legal Topics
Right to Free Copy of Judgment, Right to Counsel, Prisoners' Rights, Fair Procedure, Legal Aid
Criminal Law Constitutional Law Prison Law Right to Free Copy of Judgment Right to Counsel Prisoners' Rights Fair Procedure Legal Aid

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Parties

Madray Hayawadanrao Hoskot

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Special Leave Petition (criminal) / Petition for Special Leave to Appeal Under Article 136, Post Conviction and Sentence by High Court

Legal Issues

  1. 1 Whether failure to provide a free copy of the judgment to a convicted prisoner in time violates constitutional and statutory rights
  2. 2 Whether an indigent prisoner is entitled to the assignment of counsel at the State's expense for appeals and revisions as part of Art. 21 protections

Ratio Decidendi

Prisoners sentenced to imprisonment are entitled under Article 21, with statutory support in Sections 363, 387, and 388 CrPC, to timely and free delivery of the judgment to enable the right of appeal; the administration must ensure actual receipt and acknowledgment by the prisoner. An indigent prisoner unable to secure legal assistance is, by force of Articles 21 and 39A and Section 304 CrPC, entitled to assignment of counsel at State expense if justice so demands.

Court Disposition

Special Leave Petition dismissed (delay condoned, but relief denied)

Orders

  • Courts must forthwith furnish free transcript of judgment when sentencing a person to prison term.
  • Jail authorities must ensure delivery to prisoner and obtain written acknowledgment.