one right of appeal is fundamental right under Article 21 of the Constitution

s Hon’ble Court in the case of Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd., (2007) 6 SCC 528 had that one right of appeal is fundamental right under Article 21 of the Constitution and also as per International Covenants operating in the field. It is ruled as under; “12. An appeal is indisputably a statutory right and an offender who has been convicted is entitled to avail the right of appeal which is provided for under Section 374 of the Code. Right of appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a fundamental right. Right of appeal, thus, can neither be interfered with or impaired, nor can it be subjected to any condition. 15. This Court in Babu Rajirao Shinde v. State of Maharashtra [(1971) 3 SCC 337: 1971 SCC (Cri) 616] observed that a convicted person must be held to be at least entitled to one appeal as a substantial right. 18. In regard to the principles of natural justice, it was stated in Madhav Hayawadanrao Hoskot v. State of Maharashtra [(1978) 3 SCC 544: 1978 SCC (Cri) 468]: (SCC p. 552, para 11) “11. One component of fair procedure is natural justice. Generally speaking and subject to just exceptions, at least a single right of appeal on facts, where criminal conviction is fraught with long loss of liberty, is basic to civilised jurisprudence. It is integral to fair procedure, natural justice and normative universality save in special cases like the original tribunal being a high bench sitting on a collegiate basis. In short, a first appeal from the Sessions Court to the High Court, as provided in the Criminal 85 Procedure Code, manifests this value upheld in Article 21 (iv) (emphasis in original) The legal position was declared as under: (SCC p. 557, para 27) “(3) where the prisoner seeks to file an appeal or revision, every facility for exercise of that right shall be made available by the Jail Administration; *** (6) these benign prescriptions operate by force of Article21 [strengthened by Article 19(1)(d) read with sub-article (5)] from the lowest to the highest court where deprivation of life and personal liberty is in substantial peril.” 66. The right to appeal from a judgment of conviction vis-àvis the provisions of Section 357 of the Code of Criminal Procedure and other provisions thereof, as mentioned hereinbefore, must be considered having regard to the fundamental right of an accused enshrined under Article 21 of the Constitution of India as also the international covenants operating in the field. 70. We would, however, like to put a note of caution that the right of an accused unnecessarily need not be enlarged but it is the court's duty to duly protect his right.