MADRAY HAYAWADANRAO HOSKOT versus STATE OF MAHARASHTRA

Citation: [1979] 1 S.C.R. 192 · Decided: 17-08-1978 · Supreme Court of India · Bench: V.R. KRISHNA IYER · Disposal: Dismissed
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Judgment (excerpt)

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192 
MADRAY HAYAWADANRAO HOSKOT 
v. 
STATE OF MAHARASHTRA 
August 17, 1978 
(V. R. KRISHNA IYER, D. A. DESAI AND 0. CHINNAPPA REDDY, JJ.J 
Right Jo frt·e copy of the judg1nent by the accused under S. 363 read with 
S. 387, 388 of the Code of Criminal Procedure 1973 (Act 2 of 1974), sc-ope 
of-Duties of the Court to furnish the copy and duty of the jail authorities to 
obtain the signature of the accused when the copy i~; delivered through the jail 
aulhorities---Constitution of India, 1950 Art. 19(1) (d) read with sub-Art. (5) 
and Art. 21. 
Right to counsel by the accused-Constitution of India 1950, Articles 21, 22, 
39A and 142 read with S. 304 of the Criminal Procedure Code, 1973, explaillcd. 
JVords and Phrases "procedure established by law" in Art. 21 of the Coiisti-
tution, explai11ed-"Fair Procedure" ingredients of. 
Punishnient and sentence-Correctional approacl1 by Courts to prison treat~ 
n1cnt and non1inal punishment verging on decritninalisation of se'rious social 
ojJcnce, explained. 
Special leave petition, grant of, Art. 136 of the Constitution is subject to the 
funtla111ental rules [ail( down by this Court. 
Under s. 363(1) of the Criminal Procedure Code, 1973, "when the accUsed 
is sentenced to imprisonment, a copy of the judgment shall, immediately after 
the pronouncement of the judgment, be given to him ffee of cost". 
Under s. 
363(2), "on the application of the accused, a certified copy of the judgment Qi· 
·when he so desires ai translation in his own language if practicable or in the 
language of the Court, shall be given to him. without delay and such copy ;.;hall 
in, every case \v·here the judgment is appealable by the accused be given free 
of cost : Provided that where the sentence of death is passed or confirmed by 
the High Court, a certified copy of the judgment shall be immediately given to 
the accused free of cost whether Or\ not he applies for the same". By. s. 387 ot 
the Coc!e, these provisions contained in Chapter XXVII are applicable so far ns 
may be practicable to the judgment in appeal by a Court of "Sessions or Chiet 
Judicial Magistrate. S. 388, however, requires that the order of the High Court 
on a.ppeal should be certified to lower court and the court to which the 
High 
Court certifies its judgment shall make such orders as are comformable to the 
judgment of the High Court 
The petitioner was tried for the various offences under s.417 read with s.51 l 
I.P.C., s. 467 I.P.C. s. 468 l.P.C. and 471 read with s. 467 I.P.C. by the Sessions 
Court and found guilty of the said offences but sentenced to a soft sentence ot 
simple imprisonment till the rising of 1the Court and some fine. 
Two appt:nis 
were filed one by the petitioner and the other by the State. 
Tue High Court 
dismissed the petitioner's appeal and accepting the State's appeal enhanced rile 
sentence to three years on 22-11-73. On 26-11-73, in conformity with the JUdg-
m~nt of the High Court, the Sessions Court passed necessary orders to the Cent-
ral Prison Authority Bombay to take him into custody. He was. later on trans-
ferred to Yeravada Jail, Pune. The petitioner under went the full period of im-
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M. H. HOSKOT V, MAHARASHTRA (Krishna Iyer, J.) 
193· 
prisonment and filed the special leave petition -..vith a petition for condonation 
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of delay contending that on 10-12-73 he had applied under s. 363(2) read with 
s. 387 of the Code for a certified copy of the judgment dated 22-11-73 through 
the jail authorities and that though the copy was received by the jail authorities 
in March 197 4 from the High Court it was never deliv~red to him, with the 
result he not only lost his right to appeal by special leave btit Was forced to 
come up with a condonation petition after obta•ining another certified copy fl om 
the High Court. 
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Condoning the delay a11d dismissing the petition the Court 
HELD : 1. Freedom is what freedom does. 
In Art. 21 of the Constitution 
the guarantee of the personal liberty is phrased with superb amplitude with the 
words, "No person shall be deprived of his.life or persona-I liberty except accord-
ing to procedure established by law". 
"Procedure established by la.w" are words 
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of deep meaning for all lovers of liberty and judicial sentinels. Amplified activist 
fashion, 'procedure' means 'fair and reasonable procedure' which comports with 
civilised norms like natural justice rooted firm in community consciousness 
not primitive
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