Judgment condones delay in filing the appeal and directs that the non-bailable warrant be stayed if the appellant surrenders to the trial court by a specified date.
Delay condoned; warrant stay conditional on surrender by 5th December 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRLA No.54 of 2020
Ashok Kumar Sahu
… Appellant
-VERSUS-
State of Odisha
... Respondent
I.A. No. 209 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.54 of 2020
03. 05.11.2020 Heard.
Heard learned counsel for the appellant and learned counsel for the State.
The order dated 02.03.2019 and the consequential order dated 27.05.2019 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
1 issue framed by the court
Whether to condone delay in filing the appeal and stay execution of non-bailable warrant upon surrender.
1 provisions across 1 enactments
Ashok 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
