Supreme Court: Procedure the appellate court should follow if they appoints amicus in any criminal appeal

 Having regard to the dictum of the three-Judge Bench in

Anokhi Lal (supra) and in order to curb the tendency of convicts to

raise technical pleas of the nature which were advanced before us,

we observe that, henceforth, whenever an appellate court considers

it desirable to appoint an amicus to represent a convict whose

counsel is absent, such court may also consider the desirability of

issuing a notice from the registry to the address of the convict

mentioned in the memorandum of appeal, for such notice to be

served on him through the jurisdictional police station, with an

intimation that the convict may contact the learned amicus and

provide him necessary instructions so that his case is argued before

the court effectively and meaningfully. In the event the convict

contacts the amicus and provides instructions, there would

ordinarily be no impediment in proceeding with hearing of the

appeal. If, indeed, the convict desires to have his own counsel argue

the appeal on his behalf and not the amicus, the court may hear

such counsel in addition to the amicus. However, if the service

report indicates that the convict was not found at the address or

that he refused to accept notice despite being present, it would

amount to sufficient compliance if the notice is pasted on the outer

wall of the premises, address whereof is mentioned in the cause title

of the memorandum of appeal. Should the convict still remain

dormant, and it is so reported, the High Court may proceed to

decide the appeal without waiting for the convict to turn up either in

person or through the counsel of his choice engaged by him. This

process, in our view, would substantially serve the purpose of

eliminating any plea of unfairness being raised before this Court if

an appeal is disposed of upon hearing the amicus appointed by the

court. Additionally, in a case of like nature where the appeal is listed two decades after grant of bail, this process would ensure obtaining of information as to whether the appeal survives for decision or stands abated.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2026

BHOLA MAHTO   VS. THE STATE OF JHARKHAND 

Citation: 2026 INSC 257 .

Read full judgment here: Click here.

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