Pramod Kumar Sahu vs State Of Odisha(Vig.)
2023 Latest Caselaw 1557 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CRLA No.971 of 2019

             Pramod Kumar Sahu                 ....   Appellant/
                                                    Petitioner


                               Mr.H.K. Mund, Advocate

                                  -versus-

             State of Odisha(Vig.)             ....   Respondent/
                                                    Opp. Party

                               Mr.Srimanta Das
                               Senior Standing Counsel (Vig.)

                                CORAM:
                           JUSTICE S.K. SAHOO

                                 ORDER

Order No. 20.02.2023 I.A. No.2098 of 2022

12. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). This is an application for leave to continue the appeal under section 394 Cr.P.C. Learned counsel for the appellant submits that the sole appellant Pramod Kumar Sahu died on 17.09.2022. A copy of the death certificate has been annexed to the impugned application. This application for leave to continue under section 394 Cr.P.C. has been filed on 01.12.2022.

Sub-section (2) of section 394 Cr.P.C. stipulates // 2 //

that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

Learned counsel for the appellant states that he will file an application for condonation of delay within one week.

Put up this matter in the week commencing from 6th March, 2023.

Mr. Srimanth Das, Senior Standing Counsel (Vig.) Department is present, who has received a copy of the appeal memo along with the impugned judgment.

Let Stamp Reporter/Dealing Assistant point out as to why this delay aspect in filing the I.A. has not been indicated. Explanation shall be furnished within one week.

The name of Mr. S. K. Das, Standing Counsel (Vig.) Department shall not be reflected in the cause list henceforth. Mr. Srimanth Das, Senior Standing Counsel (Vig.) Department has stated that he has assigned the matter, to Mr. Niranjan Moharana, Addl. Standing Counsel (Vig.).

The name of Mr. Niranjan Moharana, Addl. Standing

// 3 //

Counsel (Vig.) be reflected in the cause title as well as in the top of brief henceforth.

( S.K. Sahoo) Judge Sipun