Orissa High Court

Dora Jena vs State Of Odisha on 14 May, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.288 of 2025

     Dora Jena                                ...             Appellant
                                        Mr. S.K. Lenka, Advocate
                                           appearing on behalf of
                                       Mr. K. Pattanaik, Advocate
                                 -versus-
     State of Odisha                       ...        Respondent
                                      Mr. M.K. Mohanty, Addl. PP
                                 CORAM:
                          JUSTICE G. SATAPATHY
                              ORDER(ORAL)

Order No.                      14.05.2025
   01.       I.A. No. 665 of 2025
             1.        This     matter   is       taken    up   through   Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an interlocutory application U/S. 5 of the Limitation Act, 1963 filed by the Appellant for condonation of delay of 436 days in preferring the criminal appeal.

3. Heard, Mr. Sapan Kumar Lenka, learned proxy counsel appearing on behalf of Mr. Kashinath Pattanaik, learned counsel for the Appellant and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

4. After having considered the rival submissions and on going through the averments taken in the IA, since there is a delay of 436 in preferring the appeal, which is the statutory right of the appellant to challenge his conviction, this Court considers it proper to condone the

delay. Accordingly, the delay of 436 days is hereby condoned.

5. The IA stands disposed of.

CRLA No. 288 of 2025 and IA Nos. 666 & 669 of 2025

6. This is an appeal against conviction and sentence of the appellant for commission of offences punishable U/Ss. 363/366/376/34 of IPC.

7. Heard, Mr. Sapan Kumar Lenka, learned proxy counsel appearing on behalf of Mr. Kashinath Pattanaik, learned counsel for the Appellant and Mr. M.K. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.

8. Admit. The digitized copy of the LCR be called for from the learned trial Court.

9. The IA Nos. 666 & 669 of 2025 shall be taken up after receipt of the digitized copy of the LCR.

10. Since the appellant has been sentenced to undergo RI for 12 years, the State is at liberty to file written objection to the bail application of the appellant in terms of the judgment passed by the Apex Court in Atul Tripathi v. State of Uttar Pradesh & Others; (2014) 9 SCC 177.

11. List this matter on 10.07.2025.




Digitally Signed                                                       (G. Satapathy)

Reason: Authentication                                                     Judge
Location: HIGH COURT OF ORISSA
Date: 15-May-2025 11:23:19
                     Priyajit