Mainuddin vs State Of Odisha
2025 Latest Caselaw 4404 Ori

Orissa High Court

Mainuddin vs State Of Odisha on 24 February, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.412 of 2024
       Mainuddin                            ...         Appellant
                                      Mr. S.K. Mishra-4, Advocate

                               -versus-
       State of Odisha                      ...       Respondent
                                          Mr. A.K. Apat, Addl. PP
                                CORAM:
                         JUSTICE G. SATAPATHY
                             ORDER(ORAL)

24.02.2025 Order No.

02. I.A. No.991 of 2024

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

2. The present Interlocutory Application U/S.5 of the Limitation Act, 1963 has been filed by the appellant to condone the of delay of 128 days in preferring the appeal.

3. Heard Mr. Satya Narayan Mishra-4, learned counsel for the appellant-petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record.

4. After hearing the learned counsel for the parties and on going through the averments taken in the I.A., since there is a delay of 128 days which has been properly explained by the appellant, this Court notwithstanding to the objections raised by the respondent considers it in the interest of justice to

condone the delay. Accordingly, the delay of 128 days in preferring the appeal is, hereby, condoned.

5. The I.A. is accordingly, disposed of.

6. This is an appeal against conviction and sentence of the appellant for offence U/S.20(b)(ii)(C) of the NDPS Act.

7. Heard Mr. Satya Narayan Mishra-4, learned counsel for the appellant-petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record.

8. Admit.

9. Call for the soft/digitized copy of the LCR/TCR by the next date.

10. List this matter on 5th May, 2025.

11. This is an application by the appellant- petitioner for stay realization of fine.

12. Heard Mr. Satya Narayan Mishra-4, learned counsel for the appellant-petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record.

13. Realization of fine under the impugned judgment in C.T. Case No.02 of 2018(NDPS) of the Court of learned Special Judge, Kalahandi at Bhawanipatna shall remain stayed till disposal of the appeal.

14. Accordingly, the I.A. stands disposed of.