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Orissa High Court
Gobinda Majhi vs State Of Odisha on 7 March, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.43 of 2026
Gobinda Majhi .... Appellant
Represented By Adv.-
-versus-
State of Odisha .... Respondent
Represented By Adv.-
Mr. Debaraj Mohanty,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
07.03.2026
Order No. (Hybrid mode)
01. 1. Heard Mr. Debaraj Mohanty, learned Additional Government
Advocate appearing for the respondent-State.
2. The appellant has preferred this criminal appeal from jail
being aggrieved with the impugned judgment and order of
conviction dated 9th May, 2025, passed by the learned Additional
Sessions Judge, Kuchinda in S.T. Case No.40 of 2022, arising out
of G.R. Case No.265 of 2022 corresponding to Kuchinda P.S. Case
No.75 dated 26.04.2022. By the said judgment, the appellant has
been convicted under Section 302 of the Indian Penal Code and
sentenced to undergo imprisonment for life with a fine of
Rs.40,000/- (rupees forty thousand), in default, to further rigorous
imprisonment for a period of two months for the offence under
Section 302 of IPC.
3. The Office note indicates that there is reported delay of 260
days in filing this jail criminal appeal.
4. Since it is a case where the appellant preferred this appeal
from jail and he has been sentenced to life imprisonment, we are
inclined to condone the delay in filing the jail criminal appeal.
5. Admit this appeal.
6. Call for the scanned copy of the Trial Court Records of S.T.
Case No.40 of 2022, arising out of G.R. Case No.265 of 2022
corresponding to Kuchinda P.S. Case No.75 of 2022 from the Court
of the learned Additional Sessions Judge, Kuchinda.
7. Though there is no interim application filed by the appellant
regarding stay of realization of fine imposed by the learned
Additional Sessions Judge, Kuchinda in S.T. Case No.40 of 2022,
but it is ordered that there shall be stay of realization of fine
amount imposed on the appellant pursuant to the judgment and
order dated 9th May, 2025 passed by the learned Additional
Sessions Judge, Kuchinda in S.T. Case No.40 of 2022 till disposal
of this jail criminal appeal.
8. Mr. Abhash Mohanty, learned Legal Aid Counsel, bearing
Enrolment No.O-671/2013, is hereby appointed as Advocate for
the convict accused-appellant.
9. Registry shall intimate the name of learned counsel engaged
on behalf of the convict appellant, namely, Mr. Abhash Mohanty
along with his telephone number to the Superintendent, Sub-Jail,
Kuchinda so as to communicate the same to the appellant, who is
in Sub-Jail at Kuchinda.
10. Let a copy of the prisoner's petition as well as copy of the
impugned judgment be provided to the learned Legal Aid Counsel
for the appellant as well as the learned counsel for the State.
11. Learned Counsel for the State shall apprise the Court on the
next date of listing regarding the criminal antecedents of the
convict-appellant as well as his conduct in jail.
12. By the next date of listing, learned counsel for the State
shall also obtain the scanned copy of the relevant Case Diary as
well as the Custody Certificate of the appellant.
13. Name of Mr. Abhash Mohanty, learned Legal-Aid Counsel for
the appellant shall be reflected in the cause list as well as the case
brief.
14. List this matter in usual course.
(Manash Ranjan Pathak)
Judge
(Murahari Sri Raman)
Judge
Rabindra/Ranjeeta
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 07-Mar-2026 16:23:57
