Guna Bhoi @ Behera vs State Of Odisha And Another
2025 Latest Caselaw 5729 Ori

Orissa High Court

Guna Bhoi @ Behera vs State Of Odisha And Another on 21 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      CRLA No.515 of 2025

                 Guna Bhoi @ Behera                   .....                Appellant
                                                               Represented By Adv. -
                                                               Sarthak Mishra

                                               -versus-

                 State Of Odisha and another         .....              Respondents
                                                              Ms. B.K. Sahu, AGA


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

                                              ORDER

21.08.2025 Order No.

01. I.A. No.1199 of 2025

1. This matter is taken up through Hybrid mode.

2. This is an application at the instance of the convict-Appellant for condonation of delay in filing this appeal.

3. Heard learned counsel for the Appellant as well as learned counsel for the State.

4. Learned counsel for the Appellant at the outset contended that as per the Stamp Report there is a delay of about 139 days in presenting the appeal before this Court. He further contended that the Appellant has been convicted under Section 6 of POCSO Act and he has been sentenced to undergo RI for 20 years and to pay a fine of Rs.10,000/-. Being aggrieved by such judgment dated 08.10.2024, the Appellant has preferred this appeal.

5. So far as the delay is concerned, it is stated by learned counsel for the Appellant that the Appellant is in custody since 28.01.2021 and that he has never been released on bail in the meantime. In view of the aforesaid position, learned counsel for the Appellant submitted that the Appellant found it difficult to arrange a lawyer to prefer an appeal. Therefore, there was some delay in preparation and presentation of the appeal before this Court.

6. Learned counsel for the State on the other hand objected to the condonation of delay on the ground that the delay has not been satisfactorily explained.

7. Having regard to the submissions made by the learned counsels appearing for the parties, on a careful examination of the background facts, further keeping in view the fact that the Appellant is in custody since the date of his initial arrest, further keeping in view the gravity of the sentence imposed on the Appellant, the delay of 139 days in presenting the appeal is hereby condoned.

8. Accordingly, the I.A. stands allowed.

9. List this matter for admission in the next week.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Location: High Court of Orissa, Cuttack Date: 25-Aug-2025 10:11:43 Page 2 of 2.