Rabi @ Rabindra Bhoi vs State Of Odisha
2021 Latest Caselaw 12784 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                        CRLREV No.402 of 2021

            Rabi @ Rabindra Bhoi                     ....           Petitioner
                                                     Mr.A.K.Sahoo, Advocate

                                          Versus
            State of Odisha                          ....            Opp. Party
                                                          Mr.K.K.Nayak, ASC
                                                              (for O.P. No.1)

                CORAM:
                    JUSTICE SAVITRI RATHO

                                         ORDER

Order No. 13.12.2021

02. I.A. No.585 of 2021 This matter is taken up by hybrid mode. The aforesaid I.A. has been filed by the petitioner under Section 5 of the Limitation Act for condonation of delay in preferring the Revision.

The Stamp Reporter has shown the delay of 696 days in filing the revision. The judgment in Criminal Appeal No.45 of 2018 has been passed on 22.8.2019. Hence, the Criminal Revision should have been filed within a period of 90 days from the date of the Judgment passed in the aforesaid Criminal Appeal, i.e., 22.08.2019.

In view of Covid-19 pandemic, the Hon'ble Apex Court in Miscellaneous Application No.665 of 2021 arising out of Suo Motu Writ Petition (Civil) No.03 of 2020 reported in 2021 (II) OLR 779 (SC), the Hon'ble Supreme Court has directed for excluding the period from 15.03.2020 to 02.10.2021 while calculating the period of limitation.

// 2 //

This CRLREV has been filed on 16.10.2021. The period of delay will be reduced as the period from 15.03.2020 till 13.08.2021 shall be deducted while calculating the period of delay in filing the CRLREV. It is submitted by learned counsel for the petitioner that that the petitioner has been arrested on 21.8.2021 and is in custody since then.

Considering the grounds taken in the I.A., the decision of the Hon'ble Apex Court referred to above and the fact that the petitioner is in custody, the delay in preferring the Revision is condoned.

The I.A. is disposed of.

.........................

(Savitri Ratho) Judge

CRLREV No.402 of 2021

List this matter on 21.12.2021 for fresh admission.

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(Savitri Ratho) Judge

Bichi