Manmath Behera@Manmath vs ) State Of Odisha
2025 Latest Caselaw 2362 Ori

Orissa High Court

Manmath Behera@Manmath vs ) State Of Odisha on 4 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.884 of 2025
            Manmath Behera@manmath          .....   Appellant
            Kumar Behera@muna
                                                            Represented By Adv.
                                                            - Rajendra Narayan
                                                            Rout

                                          -versus-
            1) State Of Odisha                  .....             Respondents
            2) Informant                                Represented By Adv. -
            3) Informant                                Ms.B.K.Sahu, AGA

                                  CORAM:
                    THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                MOHAPATRA
                                   ORDER

04.08.2025 Order No.

01. I.A.NO.1987 OF 2025

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

2. Heard learned counsel for the Appellant-Petitioner as well as the learned Additional Government Advocate.

3. By filing this application, the Appellant-Petitioner seeks condonation of delay in filing the appeal.

4. Learned counsel for the Appellant-Petitioner at the outset contended that as reported by the S.R. there is a delay of about 205 days in preferring the appeal. He further contended that initially the Petitioner was in custody for five months from the date of judgment he is in custody. Learned counsel for the Petitioner further contended that due to poor

financial condition and the fact that the Petitioner is in custody, the appeal could not be presented in time. He further contended that taking into consideration the fact that the Petitioner has been convicted under the POCSO Act and sentenced to undergo R.I. for five years, the delay in preferring the appeal be condoned so that the right of petitioner to file the present appeal is not taken away.

5. Learned Additional Government Advocate objected the application for condonation of delay on the ground that the delay not been properly explained. On such ground, learned additional Government Advocate contended that the application for condonation of delay be rejected.

6. Having heard learned counsels for the respective parties, on careful analysis of the submissions made by the learned counsels for the respective parties, this Court is of the view that since the Petitioner is in custody since the date of judgment and further taking into consideration the fact that he has been convicted and sentenced to undergo R.I. for five years, this Court is inclined to condone the delay in preferring the appeal.

5. List this Criminal Appeal next week for admission.

( A.K. Mohapatra) Judge RKS

Designation: AR-CUM-Senior Secretary

Location: High Court of Orissa Date: 05-Aug-2025 14:56:16