The appellate court condoned the delay in filing the criminal appeal by two hundred and five days. It suspended the execution of the non-bailable warrant if the appellant surrenders to the trial court by 5 December 2020 and moves for bail.
Delay condoned; execution of non-bailable warrant stayed pending surrender on or before 5th December 2020.
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CRLA No.53 of 2020
Samir Kumar Sahu
… Appellant
-VERSUS- State of Odisha ...
... Respondent
I.A. No. 210 of 2020
This is an application for condonation of delay.
The S.R. has pointed out that there is delay of two hundred five days in filing this appeal.
Learned counsel for the appellant submitted that the delay in filing the appeal be condoned. He placed the grounds taken in the interim application.
Learned counsel for the State has no serious objection.
Considering the submissions made by the learned counsel for the respective parties and after going through the averments taken in the delay condonation application, I am inclined to condone the delay in filing the appeal.
Accordingly, the delay is condoned.
I.A. is disposed of.
S.K. Sahoo, J.
…………………..……
CRLA No.53 of 2020
Heard learned counsel for the appellant and learned counsel for the State.
The order dated 18.04.2017 and the consequential order dated 10.10.2017 passed by the learned Ist Addl. Sessions Judge –cum- Presiding Officer, OPID Court, Berhampur in G.R. Case No. 59 of 2012 in issuing non-bailable warrant of arrest against the appellant is under challenge.
Learned counsel for the appellant submits that the appellant was on bail but due to non-taking steps on the date fixed, non-bailable warrant of arrest and the process under sections 82 and 83 of Cr.P.C. was issued against him. He further submits that the appellant is ready and willing to cooperate in the trial. Learned counsel for the State has no serious objection.
Considering the submissions made by the learned counsel for the appellant and learned counsel for the State, it is directed that in the event the petitioner surrenders before the learned trial Court i.e., Spl. Court –cum- Designated Court under OPID Act, Berhampur in the aforesaid case on or before 5th December 2020 and move for bail, the same shall be considered in accordance with law and till 5th December 2020, the non-bailable warrant of arrest issued by virtue of the impugned order shall not be
executed.
Accordingly, the CRLA is disposed of. Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
P
2 issues framed by the court
Whether delay in filing Criminal Appeal should be condoned.
Whether non-bailable warrant against the appellant should remain unexecuted pending surrender and bail.
1 provisions across 1 enactments
Samir Kumar Sahu
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
