Orissa High Court
Muna Fetasingh vs State Of Odisha on 25 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.501 of 2025
Muna Fetasingh ..... Appellant
Represented By Adv. -
Dushmanta Sahoo
-versus-
State Of Odisha ..... Respondent
Represented By Adv. -
Mr.C.M.Singh, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
25.08.2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
I.A.NO.1191 OF 2025
2. This is an application for condonation of delay in filing
the appeal.
3. Heard learned counsel for the appellant as well as the
learned Additional Standing Counsel.
4. Learned counsel for the Appellant at the outset
contended that there is a delay of about 237 days in
preferring the appeal as pointed out by the S.R. While
explaining the aforesaid delay, learned counsel for the
Appellant contended that the Appellant is in custody sine
the date of his initial arrest i.e. on 08.06.2023. He further
contended that although the judgment was delivered on
24.06.2024 and the Appellant was convicted in the cse.
Learned counsel for the Appellant further contended that
since the Appellant is a poor person and is in custody, it
was difficult on his part to engage a counsel. He further
submitted that his family members arranged fund to engage
a counsel to conduct the appeal.
5. Learned Additional Standing Counsel on the other
hand objected to the condonation of delay on the ground
that the delay has not been properly explained. Further, he
submitted that there is a delay of 237 days in preferring the
appeal. Therefore, delay should not be condoned.
6. Having heard learned counsels for the respective
parties, and taking into consideration the fact that the
appellant has already been convicted and sentenced to
undergo rigorous imprisonment of 10 years and that he is
continuing in custody since 08.06.2023, the delay in
preferring the appeal is condoned.
7. The I.A. is accordingly disposed of.
CRLA NO.501 OF 2025
8. Heard.
9. Admit.
10. The digitized copy of the TCR be called for.
I.A.NO.1070 of 2025
11. Heard.
12. This is an application for stay realisation of fine.
13. It is directed that realisation of fine amount imposed
by the learned 1ST Additional Sessions Judge-cum-Special
Judge (NDPS), Berhampur in 2(a) C.C.Case No.93 of 2023
(N) shall remain stayed till disposal of the appeal.
I.A.NO.1868 OF 2025
14. This is an application for release of the Appellant-
Petitioner on interim bail.
15. Heard learned counsel for the appellant-Petitioner as
well as the learned Additional Standing Counsel for the
State.
16. Learned counsel for the Appellant-Petitioner
contended that the present application has been filed for
release of the Appellant on interim bail on the ground of
illness of his father. He further contended that the father of
the appellant is suffering from lower abdominal pain,
Epigastric region pain and the ultrasound report of his
father reveals Vesical Calculas with F/O-cystitis and the
treating Doctor has referred him to Urology department of
MKCG Medical College & Hospital, Berhampur for further
treatment. In view of the aforesaid fact, learned counsel for
the Appellant contended that the Appellant-Petitioner be
released on bail for some time to facilitate the further
treatment of his father.
17. Learned Additional Standing Counsel for the State on
instruction from the Inspector of Excise, EI & EB,
Berhampur dated 25.08.2025 submitted before this Court
that the fact with regard to the illness of the Appellant's
father is true and the same gets support from the report of
the Inspector of Excise dated 25.08.2025. Learned
Additional Standing Counsel objected to the release of the
Appellant on interim bail on the ground of illness of the
father of the appellant can be taken care of by the MKCG
Hospital which is a Government hospital and the presence
of the Appellant would not require for such treatment.
18. Having heard learned counsels for the respective
parties, further taking note of the instruction from the
Inspector of Excise vide his letter dated 25.08.2025, this
Court is inclined to release the Petitioner on interim bail for
a period of four weeks from the date of his release from
custody by the learned trial court on such terms and
conditions as the learned trial court may deem just and
proper in the facts and circumstances of the case. It is also
directed that the Appellant-Petitioner shall not misuse the
liberty while on interim bail and on expiry of interim bail
period he shall surrender on or before the due date. Such
interim bail period shall be counted from the date of release
of the Appellant-Petitioner from jail custody. It is made clear
that such release shall be subject to such other terms and
conditions as would be fixed by the trial court. Violation of
any of the conditions shall entail cancellation of the interim
bail.
19. List CRLA No.501 of 2025 in the week commencing
from 22nd September, 2025.
( A.K. Mohapatra)
Judge
RKS
Designation: AR-CUM-Senior Secretary
Location: High Court of Orissa
Date: 26-Aug-2025 14:19:22
