Bidhan Singh vs State Of Odisha
2025 Latest Caselaw 7691 Ori

Orissa High Court

Bidhan Singh vs State Of Odisha on 30 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.962 of 2024

     Bidhan Singh                             ...            Appellant
                                       Mr. S.N. Padhy, Advocate
                                -versus-
     State of Odisha                          ...        Respondent
                                         Mr. R.B. Mishra, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

30.04.2025 Order No.

01. I.A. No.2298 of 2024

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

2. This is an application U/S.5 of the Limitation Act by the appellant for condonation of delay of 77 days in preferring the appeal.

3. Heard, Mr. Surendra Nath Padhy, learned counsel for the appellant appearing virtually from Berhampur and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.

4. After having considered the rival submissions and on going through the averments taken in the IA, since there is a delay of 77 days in preferring the appeal, which is being the statutory right of the appellant to challenge his conviction, this Court notwithstanding to the objection as raised by the learned State Counsel, considers it in the interest of

justice to condone the delay. Accordingly, the delay of 77 days in preferring the appeal stands condoned.

5. Hence, the IA stands disposed of. CRLA No.962 of 2024 & I.A. No.2006 of 2024

6. This appeal is directed against the conviction and sentence of the appellant for commission of offence U/S. 20(b)(ii)(C) of the NDPS Act. Heard. Admit. LCR is already available in connected criminal appeal in CRLA No.424 of 2024.

6.1. Learned counsel for the appellant, however, seeks for an adjournment for hearing in the IA.

7. Looking at the sentence of the appellant, the learned State Counsel is, however, at liberty to file written objection to the bail application of the appellant, in terms of the decision of the Apex Court in Atul Tripathi Vs. State of Uttar Pradesh & Others; (2014) 9 SCC 177 by next date.

8. Accordingly, list this matter on 01.07.2025.

9. This is an application by the appellant for stay realization of fine pending disposal of the appeal.

10. Heard, Mr. Surendra Nath Padhy, learned counsel for the appellant appearing virtually from Berhampur and Mr. R.B. Mishra, learned Addl. Public Prosecutor in the matter and perused the record.

11. Realization of fine from the appellant under the impugned judgment in 2(a)CC Case No.91 of 2022 (N) of the Court of learned 3rd Additional Sessions Judge-

Cum-Special Judge (NDPS), Berhampur, Ganjam shall remain stayed till disposal of the appeal.

12. Accordingly, the IA stands disposed of.

(G. Satapathy) Judge

Subhasmita

Location: High Court of Orissa