Calcutta High Court (Appellete Side)
In Re : Shabbir Alam @ Ullu Raju vs State Of Odisha on 1 July, 2021
01.07.2021 tkm/ct 30 sl no. 18 C.R.A. 204 of 2021 CRAN 1 of 2021 (through video conference) In Re : An application for admission of appeal under section 374(2) of the Code of Criminal Procedure. In Re : Shabbir Alam @ Ullu Raju .....appellant Mr. S Mitter Mr. L Maitra Ms. R Das ............. For the appellant Mr. Prasun Datta Mr.Subrato Roy ............. For the State Re : CRAN 1 of 2021 The present application has been preferred under section 5 of the Limitation Act in connection with the appeal being C.R.A. 204 of 2021.
Mr. Mitter, learned advocate appearing of the appellant submits that there had been a delay of 1078 days in filing the present appeal.
Drawing attention of this court to the averments made in paragraphs 3 and 4 of the application, Mr. Mitter submits that there was no intentional delay on the part of the appellant and he could not approach this court in time due to financial constraints. The period of delay also stands intervened by a period lost due to the pandemic. The petitioner is in custody for 14 long years.
Placing reliance upon the judgment delivered by the Hon'ble Apex Court in the case of Surendra Munda vs. State of Odisha reported in (2020) 16 SCC 442, he submits that where life and 2 property of a person is concerned the period of delay needs to be considered liberally.
Mr. Datta, learned advocate appears on behalf of the State. Heard the learned advocates appearing for the respective parties.
Considering the averments made in the application and the judgment delivered by the Hon'ble Supreme Court in the case of Surendra Munda (supra), we are satisfied that the delay has been sufficiently explained and for the ends of justice, the delay needs to be condoned.
Accordingly, the delay is condoned and the application being CRAN 1 of 2021 is allowed.
Re : CRA 204 of 2021 The appeal is admitted.
Call for the records.
Issue usual notices.
Pending hearing of the appeal, realisation of fine be stayed. Liberty is granted to the appellant to apply for bail upon notice to the State through the learned Public Prosecutor, High Court, Calcutta.
Paper books be prepared within four weeks from the date of receipt of the lower court records. (Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)