Deva @ Mahadev Singh vs State Of Odisha
2025 Latest Caselaw 2670 Ori

Orissa High Court

Deva @ Mahadev Singh vs State Of Odisha on 16 January, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.871 of 2024
            Deva @ Mahadev Singh          .....      Appellant
                                                              Represented By Adv. -
                                                              Santosh Kumar
                                                              Mahanty

                                          -versus-
            State Of Odisha                     .....                   Respondent
                                                             Represented By Adv. -
                                                             U.C.Jena, A.S.C.

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

                                         ORDER

16.01.2025

Order No.

01. I.A. No.2055 of 2024

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

2. This I.A. has been filed by the Appellant-Petitioner seeking condonation of delay in preferring the appeal.

3. Heard learned counsel for the parties.

4. On perusal of the Stamp Report it appears that there exists a delay of 87 days.

5. Learned counsel for the Appellant-petitioner at the outset submitted that the appellant-petitioner is in custody from the date of pronouncement of the judgment. He further contended that since the appellant-petitioner is in custody, he could not arrange money to

engage a counsel for filing of the present appeal. Learned counsel for the appellant-petitioner further contended that with the help of his relatives he has managed money and engaged a counsel. However, by the time the appeal was presented there was a delay of 87 days.

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 properly explained.

7. Considering the submissions made by the learned counsels appearing for the parties, further keeping in view the fact that the appellant-petitioner is in custody since the date of his conviction, the delay of 87 days in filing the appeal is hereby condoned.

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

9. List this Appeal in the week commencing 27.01.2025 for admission.

                                                      ( A.K. Mohapatra)
                                                            Judge

Anil





       Digitally Signed                                                    Page 2 of 2.


       Location: High Court of Orissa
       Date: 17-Jan-2025 17:42:20