Upendra Kumar Sahu vs State Of Odisha
2025 Latest Caselaw 10210 Ori

Orissa High Court

Upendra Kumar Sahu vs State Of Odisha on 19 November, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.1281 of 2025
                 Upendra Kumar Sahu            .....     Appellant
                                                                 Represented By Adv. -
                                                                 Jugala Kishore Panda

                                              -versus-
                 State Of Odisha                    .....                  Respondent
                                                                Ms. B.K. Sahu, AGA

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

                                             ORDER

19.11.2025 Order No.

01. I.A. No.3018 of 2025

1. This matter is taken up through Hybrid mode.

2. This is an application for condonation of delay of 286 days in the presentation of the appeal before this Court.

3. Heard learned counsel for the Appellant as well as learned counsel for the State. Perused the application filed by the Appellant for condonation of delay.

4. Learned counsel for the Appellant, referring to the grounds taken in the I.A., stated before this Court that the Appellant is a poor person and he was in custody all throughout. Therefore, he could not arrange a lawyer for preparation of appeal memo. He further submitted that after collecting the papers with much difficulty the papers were handed over to the counsel on 02.11.2025. Thereafter, the appeal has been prepared and presented before this Court on 06.11.2025 with a delay of 286 days. Learned counsel for the Appellant further submitted that taking into consideration the

magnitude of the sentence imposed on the Appellant, which is 18 years and 6 months, the delay of 286 days in presenting the appeal be condoned. It was also contended that the present appeal being a statutory appeal, there is a right conferred on the accused to challenge the judgment of the learned trial Court and in the event the appeal is rejected on the ground of limitation then a valuable right would be denied to the convict-Appellant.

5. 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. She further contended that admittedly the appeal has been preferred with a delay of 286 days, however, the delay has not been properly explained. On such ground, learned counsel for the State objected to the condonation of delay.

6. Having heard the learned counsels appearing for both sides, on a careful consideration of the submission made by the learned counsels from both sides, further taking into consideration the fact that the Appellant was languishing in custody all this time, and keeping in view the magnitude of the sentence, the delay of 286 days as pointed out by the stamp reporter is condoned.

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

8. List this matter for admission in the next week.

                                                       ( Aditya Kumar Mohapatra )
                                                                  Judge

S.K. Rout    Signature Not Verified
             Digitally Signed
             Signed by: SANTANU KUMAR ROUT
             Reason: Authentication
             Location: High Court of Orissa, Cuttack
             Date: 21-Nov-2025 10:22:07