State Of Orissa vs Bhaba @ Bhabagrahi Lenka & Others
2022 Latest Caselaw 2976 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLLP No.44 of 2006

     State of Orissa                        .........                  Appellant
                                                          Mr. S.S. Kanungo, AGA

                                      -Versus-

     Bhaba @ Bhabagrahi Lenka & Others           ..........          Respondents


                                      CORAM:


                                      JUSTICE S. TALAPATRA
                                      JUSTICE B.P. ROUTRAY

                                      Misc. Case No.22 of 2006

                                             ORDER

05.07.2022 Order Nos.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard.

3. Mr. S.S. Kanungo, learned Additional Government Advocate appears for the appellant in Misc. Case No.22 of 2006, which has been filed for condoning the delay of 127 days in filing the appeal against the Judgment dated 08.09.2005 delivered in Criminal Trial No.55/5/2005. Despite due notice from this Court, the respondent preferred for not to contest the application.

4. In Para-3 of this application, the causes for delay have been assigned by the appellant. These causes demonstrate that the basic

reasons are failure of completing the chain of taking opinions from the various authorities.

5. The appeal was filed on 12.04.2006 and thus, there occurred delay of 127 days in filing the appeal.

6. We are not entirely satisfied with the causes as shown in as much as the State cannot be allowed to hold an exalted position, so far the condonation of delay is concerned.

7. However, having regard to the substantive ends of justice, we are inclined to condone the said delay by adopting a liberal approach. Accordingly, the said delay stands condoned.

8. The Misc. Case is accordingly disposed of.

(S. Talapatra) Judge

(B.P. Routray) Judge CRLLP No.44 of 2006

06. 1. Heard Mr. S.S. Kanungo, learned Addl. Government Advocate for the State which seeks leave to file appeal against the Judgment of acquittal dated 08.09.2005 delivered in Criminal Trial No. 55/5/2005.

2. The grievance, at the first blush, as appears to us is that there is sufficient materials to show that three accused persons, who have been acquitted had taken part having formed the common intention. The person, who had given the blow has been convicted under Section 302 of the IPC. The other accused persons (the respondents herein) despite their overtacts being proved have been allowed to go scot free.

3. Issue notice.

4. Steps be taken for service of notice by Registered Post with A.D. with a week from today. Notice is made returnable on 29.08.2022.

(S. Talapatra) Judge

(B.P. Routray) Judge

Subhasis