Harihar Harijan vs State Of Odisha
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Orissa High Court

Harihar Harijan vs State Of Odisha on 2 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  CRLA No.1230 of 2024

            Harihar Harijan                         .....                 Appellant
                                                             Represented By Adv. -
                                                             Mr. Lalatendu
                                                             Samantaray

                                           -versus-
            State Of Odisha                       .....                 Respondent
                                                            Represented By Adv. -

                                                            Smt. Siva Mohanty, ASC

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

                                         ORDER

02.01.2025

I.A. No.3101 of 2024

Order No.

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

2. This interlocutory application has been filed by the Appellant seeking condonation of delay of 84 days in filing the Criminal Appeal.

3. Learned counsel for the Appellant, at the outset, submitted that the Appellant has been convicted to undergo rigorous imprisonment for a period of 10 years for commission of offence under Section 376(2)(i) of I.P.C. read with Section 4 of the POCSO Act. He further submitted that the Appellant is in custody from the date of judgment, i.e. since 11.7.2024.

Learned counsel for the Appellant further contended that since the Appellant is in custody, he could not contact his lawyer immediately and, as such, there is a delay of 84 days in filing the Criminal Appeal.

4. Taking into consideration the aforesaid facts, the delay of 84 days in filing the Criminal Appeal, as has been pointed out by the Stamp Reporter, is hereby condoned.

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

6. List this case in the next week for admission.

( A.K. Mohapatra) Judge

Debasis