Kalai Singh Kerai @ Kalay vs State Of Odisha
2025 Latest Caselaw 4351 Ori

Orissa High Court

Kalai Singh Kerai @ Kalay vs State Of Odisha on 21 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.1201 of 2024

       Kalai Singh Kerai @ Kalay                 ...               Appellant
                                          Mr. K. Mohanty, Advocate

                                   -versus-
       State of Odisha                           ...         Respondent
                                              Mr. S.K. Rout, Addl. PP

                                 CORAM:
                          JUSTICE G. SATAPATHY
                        ORDER(ORAL)

21.02.2025 CRLA No.1201 of 2024 & I.A. No.3021 of 2024 Order No.

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

2. This is an appeal against conviction and sentence of the appellant-petitioner for commission of offence punishable U/S.376(2)(i)(n) of the IPC, but the present appeal has been filed with a delay of 2431 days and accordingly, the appellant-petitioner has filed I.A. No. 3021 of 2024 U/S.5 of the Limitation Act, 1963 for condonation of such delay in preferring the appeal.

3. Heard, Mr. Kuldeep Mohanty, learned counsel for the appellant-petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record.

4. It is, however, not disputed that the right to appeal is the statutory right of a person convicted of

an offence, but the appellant-petitioner in this case has of course filed the appeal with a delay of 2431 days. The personal liberty of a person is not only sacrosanct, but also paramount, but in this case merely because the appellant-petitioner has preferred this appeal with a delay of 2431 days, it would be a travesty of justice, if the delay is not condoned to allow the appellant-petitioner to challenge the judgment of conviction and sentence recorded against him, especially when he is inside custody for around 8 years and 2 months.

5. For the reasons stated hereinabove keeping in view the rival submissions and on going through the averments taken in the I.A., this Court considers it in the interest of justice to condone the delay in preferring the appeal. Accordingly, the delay of 2431 days in preferring the appeal is, hereby, condoned.

6. The I.A. No.3021 of 2024 is accordingly, disposed of.

7. Heard, the learned counsel for the parties on admission of the appeal.

8. Admit.

9. Call for the soft/digitized copy of the LCR/TCR from the learned trial Court. Since the learned counsel for the appellant-petitioner has expressed to challenge the sentence part only, the learned State Counsel is, hereby, requested to obtain custody certificate of the appellant, so also the

instruction regarding his conduct and age from the jail authority by the next date.

10. List this matter on 28th March, 2025.

(G. Satapathy) Judge

S. Sasmal