Purna Mandal vs State Of Odisha
2023 Latest Caselaw 13835 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLREV No. 313 of 2023

            Purna Mandal                        ........    Petitioner
                                                 Mr. P.K. Nanda, Adv.
                               -Versus-

            State of Odisha                ...... Opposite Party
                                            Mr. G.R. Mohapatra, ASC
                       CORAM:
                       DR. JUSTICE S.K. PANIGRAHI

                               ORDER

07.11.2023

Order No. I.A. No.430 of 2023

05. 1. This matter is taken up through hybrid

arrangement.

2. Heard.

3. This is an application under Section 5 of the

Limitation Act, for condoning the delay of 600 days in

preferring the CRLREV.

4. Though there is inordinate delay of 600 days in

preferring the CRLREV, the ground for delay is stated to

be non-intimation of the lawyer to the Petitioner after

the appellate court passed the order.

5. In such view of the matter, since the case seems

to be meritorious one, this Court is inclined to condone

the delay of 600 days.

6. Accordingly, the delay in preferring the

CRLREV is condoned.

7. The I.A. is accordingly disposed of.

CRLREV No.313 of 2023

1. Petitioner has filed this Criminal Revision

challenging the judgment of conviction and order of

sentence dated 30.06.2017 passed by the learned

Assistant Sessions Judge, Malkangiri in C.T. Case

No.149 of 2015(T) whereby the Petitioner has been

directed to undergo R.I for one year and also to pay fine

of Rs.10,000/- and in default of payment of the said fine

to undergo further R.I. for a period of three months,

which has also been confirmed by the learned

Additional Sessions Judge, Malkangiri vide judgment

dated 22.07.2021 passed in Criminal Appeal No.09 of

2017.

2. Heard.

3. Admit.

4. Call for the L.C.R.

5. List this matter in the 1st week of January, 2024.

I.A. No.431 of 2023

1. Heard.

2. Learned counsel for the Petitioner submits that

the Petitioner was all along on bail during the trial. He

has never misutilised the liberty granted to him at any

point of time. Hence, he submits that the Petitioner may

be granted bail.

3. In view of such request made by the learned

counsel for the Petitioner, the Petitioner be released on

bail by the trial court in C.T. Case No.149 of 2015(T) on

such terms and conditions as the trial court deemed it

just and proper.

4. The I.A. is disposed of accordingly.

I.A. No.432 of 2023

1. Heard.

2. Realization of fine of Rs.10,000/- shall remain

stayed till disposal of the revision.

3. The I.A. is disposed of.

Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication ( Dr. S.K. Panigrahi) Location: High Court of Orissa Cuttack Date: 09-Nov-2023 11:57:00 Judge

Murmu