Supreme Court - Daily Orders
The State Of Odisha vs Sanjay Behera @ Kangala @ Kanga on 17 September, 2021
Bench: D.Y. Chandrachud, B.V. Nagarathna
Crl.A.1027-28/2021
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal Nos 1027-1028 of 2021
(Arising out of SLP (Crl) Nos 2878-2879 of 2021)
State of Odisha Appellant(s)
Versus
Sanjay Behera @ Kangala @ Kanga and Others Respondent(s)
ORDER
1 Leave granted.
2 These appeals arise from a judgment of the Division Bench of the High Court of Orissa dated 10 November 2020.
3 By a judgment dated 23 September 2019, the Additional Sessions Judge, Athagarh acquitted the respondents-accused of having committed offences punishable under Sections 341, 294, 354 and 307 read with Section 34 of the Indian Penal Code. The respondents were however convicted of the offences punishable under Sections 323 and 324 read with Section 34 and were directed to be released on probation of good conduct under Section 4 of the Probation of Offenders Act on each of them entering into a bond of Rs 10,000 each with one surety for the like amount to remain in force for one year. Signature Not Verified Digitally signed by Chetan Kumar Date: 2021.09.21 16:54:06 IST Reason: Crl.A.1027-28/2021 2 4 The appeals were filed by the State against the judgment of acquittal dated 23 September 2019. There was a delay of 83 days in filing the appeals for which application for condonation was filed. The High Court dismissed the application for condonation with the following observations:
“Having examined the impugned judgment as well as application or condonation of delay and having heard learned Additional Standing Counsel, we are of the opinion that there is no compelling and prima facie materials to condone the delay in preferring the appeal against the judgment of acquittal. In the circumstances, the petition for limitation is rejected and consequently, the CRLLP is also dismissed.” 5 Ex facie, the High Court has not considered specifically the cause for the delay which was indicated in paragraphs 3 and 4 of the application for condonation.
6 We accordingly allow the appeals and set aside the impugned judgment of the High Court dated 10 November 2020. Criminal LLP No 11 of 2020 is accordingly restored to the file of the High Court for disposal afresh. 7 Pending applications, if any, stand disposed of.
….....…...….......………………........J. [Dr Dhananjaya Y Chandrachud] ..…....…........……………….…........J. [B V Nagarathna] New Delhi;
September 17, 2021
CKB
Crl.A.1027-28/2021
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ITEM NO.35 Court 4 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos.2878-2879/2021 (Arising out of impugned final judgment and order dated 10-11-2020 in CRLLP No.11/2020 10-11-2020 in IA No.11/2020 passed by the High Court of Orissa at Cuttack) THE STATE OF ODISHA Petitioner(s) VERSUS SANJAY BEHERA @ KANGALA @ KANGA & ORS. Respondent(s) (With appln.(s) for I.R. and IA No. 47459/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 17-09-2021 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Milind Kumar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1 Leave granted.
2 The appeals are allowed in terms of the signed order. 3 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Court Master
(Signed order is placed on the file)