Hemanta Banchor @ Rinku vs State Of Odisha
2023 Latest Caselaw 15139 Ori

Orissa High Court

Hemanta Banchor @ Rinku vs State Of Odisha on 28 November, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.1266 of 2023

              Hemanta Banchor @ Rinku ....             Appellant/
                                                     Petitioner

                                Mr. S.S. Ray-2, Advocate

                                   -versus-

              State of Odisha                 ....   Respondent/
                                                   Opp. Party

                                Mr. Arupananda Das
                                Addl. Govt. Advocate
                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No. 28.11.2023 I.A. No.2826 of 2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

This is an application for condonation of delay. The Stamp Reporter has pointed out that there is a delay of nineteen days in preferring the appeal.

After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, since it is a case where substantive sentence of ten years has been imposed on the petitioner, I am inclined to condone the delay in filing the CRLA.

Accordingly, delay is condoned.

// 2 //

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

02. Heard.

Admit.

Call for the trial Court records. Since one of the offence under which the appellant found guilty is under section 376(AB) of the Indian Penal Code, let an extra copy of the appeal memo, the impugned judgment as well as copies of the interim applications be served on the learned counsel for the State by tomorrow (29.11.2023), who shall send the same to the Inspector in-charge of Sundargarh Sadar police station for its service on the informant in (Sundargarh Sadar P.S. Case No.20 of 2020) intimating her that the matter will be taken up in the week commencing from 18th December 2023 and if she so likes, she can engage a counsel to oppose the prayer for bail. A written proof regarding service of notice be obtained from the informant.

List this matter in the week commencing from 18th December 2023 for consideration of the interim application after receipt of the trial Court records.

// 3 //

Instruction regarding sufficiency of service of notice on the informant be obtained in the meantime.

( S.K. Sahoo) Judge

Sipun

Designation: Junior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Nov-2023 18:03:18