Orissa High Court
Unknown vs State Of Odisha on 3 March, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Kundan
(In CRLA No.453 of 2024)
Danish Ansari
(In CRLA No.386 of 2024)
Md. Afajal
(In CRLA No.592 of 2024)
Rishu Kumar
(In CRLA No.696 of 2024)
Jitendra Chobe
(In CRLA No.26 of 2025) ... Appellants
Mr. A.K. Das, Advocate
(in CRLA No.453 of 2024)
Mr. P.K. Nayak, Advocate
(in CRLA No.386 of 2024)
Mr. A. Bhuyan, Advocate
(in CRLA No.592 of 2024)
Mr. S.S. Ray-2, Advocate
(in CRLA No.696 of 2024)
Mr. D. Panda, Advocate
(in CRLA No.26 of 2025)
-versus-
State of Odisha ... Respondent
Mr. S.K. Rout, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
03.03.2025
Order No.
09. I.A. No. 561 of 2025 (CRLA No.453 of 2024)
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application (I.A. No.561 of 2025)
by the appellant-petitioner who is in custody for grant
of interim bail to him on the ground of self-illness.
3. It is accordingly submitted by Mr. Amit
Prasad Bose, learned counsel for the appellant-
petitioner that the appellant-petitioner is suffering
from kidney stone and he needs to be operated at
some hospital. In view of the aforesaid submission,
let a report, be called for from the concerned jail
authority by next date as to the ailments and
requirement of the appellant-petitioner.
I.A. No. 963 of 2024 (CRLA No.386 of 2024)
4. Learned counsel for the appellant prays to
not press the I.A. No.963 of 2024. Accordingly, the
present I.A. No.963 of 2024 stands disposed of as not
pressed.
I.A. No.118 of 2025 (CRLA No.26 of 2025)
5. The present Interlocutory Application U/S.5
of the Limitation Act, 1963 has been filed by the
appellant-petitioner to condone the delay of 242 days
in preferring the appeal.
6. Heard Mr. Devashis Panda, learned counsel
for the appellant and Mr. S.K. Rout, learned Addl.
Public Prosecutor in the matter and perused the
record.
7. After having considered the rival submissions
and on going through the averments taken in the
I.A., since there is a delay of 242 days which has
been explained to some extent by the appellant-
petitioner and the appeal against conviction being the
statutory right of the appellant-petitioner, this Court
notwithstanding to the objections raised by the OP-
State considers it in the interest of justice to condone
the delay. Accordingly, the delay of 242 days in
preferring the appeal is, hereby, condoned.
8. The I.A. is accordingly, disposed of.
9. This is an appeal against conviction and
sentence of the appellant for commission of offence
U/S.20(b)(ii)(C) of the NDPS Act.
10. Heard Mr. Devashis Panda, learned counsel
for the appellant and Mr. S.K. Rout, learned Addl.
Public Prosecutor in the matter and perused the
record.
11. Admit. Since the soft copy of the LCR is
already available on record, Office is requested to
prepare paper books and supply the same to the
learned counsel for the parties in accordance with
Rules.
I.A. No.05 of 2025 (CRLA No.26 of 2025)
12. This is an application by the appellant-
petitioner for stay realization of fine.
13. Heard Mr. Devashis Panda, learned counsel
for the appellant and Mr. S.K. Rout, learned Addl.
Public Prosecutor in the matter and perused the
record.
14. Realization of fine in respect of appellant-
petitioner Jitendra Chobe under the impugned
judgment in Special G.R. Case No.32/132 of 2022/
E. Regd. No.33 of 2022 of the Court of learned Addl.
Addl. Sessions Judge-cum-Special Judge,
Sundargarh shall remain stayed till disposal of the
appeal.
15. The I.A. is, accordingly, disposed of.
I.A. No. 119 of 2025 (CRLA No.26 of 2025),
CRLA Nos.453, 386, 592, 696 of 2024 & 26 of
16. On the prayer of learned counsel for the
respective appellants, list these matters 3rd April,
2025.
(G. Satapathy)
Judge
S. Sasmal
Location: High Court of Orissa
Date: 04-Mar-2025 19:01:29
