Ajaya Khatua @ Makara vs State Of Odisha
2023 Latest Caselaw 5162 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.70 of 2022

        Ajaya Khatua @ Makara                                   Appellant
                                                            Mr.A.K. Sahoo
                                                                 Advocate

                                      -versus-

        State of Odisha                          ....           Respondent
                                                         Mr.S.S. Kanungo,
                                                                    AGA

                CORAM:
                MR. JUSTICE D.DASH
                DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

04.05.2023 CRLA No.70 of 2022 Order AND No. I.A. No.138 of 2022

02. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 845 days, i.e., 2 years, 3 months and 15 days in preferring the Appeal.

3. Learned counsel for the Appellant submits that after pronouncement of the impugned judgment on 7.8.2019, the Appellant is languishing in jail custody. He submits that the Appellant is ignorant about filing of Appeal for which he was not able to contact any Lawyer in time. Therefore, delay has been caused in filing the Criminal Appeal beyond the statutory period which is neither deliberate nor intentional. He, therefore, prays condoning the delay taking a liberal view in the matter.

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4. Learned counsel for the State opposes the move citing the length of delay.

5. Considering the submissions and on going through the averments taken in the Application; the grounds as stated by the learned counsel for the Appellant for condonation of delay in filing the Criminal Appeal are per se not acceptable. On a close reading of the application under Section 5 of the Limitation Act, 1963 seeking condonation of delay in filing the Criminal Appeal, it is found that the application does not disclose any satisfactory explanation for such long delay in filing the Criminal Appeal. There is complete absence of sufficient cause to condone the delay. In fact, the Appellant is found to have sat over the matter for a long time by not filing the Appeal and during the period he has also not availed of the opportunities of seeking any such assistance as readily available in the jail.

6. Hence, we are not inclined to condone the long delay of 2 years, 3 months and 15 days in filing the Criminal Appeal.

7. The I.A. is dismissed.

8. Consequently, the CRLA is dismissed being barred by limitation.

(D. Dash) Judge

(Dr.S.K.Panigrahi) Judge

Basu BASUDE Digitally by BASUDEV signed

V NAYAK Date: 2023.05.04