Himachal Pradesh High Court
Sh. Suraj Gupta vs . State Of H.P. on 13 October, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
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Sh. Suraj Gupta vs. State of H.P. Cr. Appeal No.467 of 2023 13.10.2023 Present: Mr. Ajay Kashyap, Advocate, for the appellant.
of Mr. Jitender Sharma, Additional Advocate General, for the respondent/State.
Cr. Appeal No.467 of 2023 rt Admit.
Post Admission Notice.
Mr. Jitender Sharma, learned Additional Advocate General, appears and waives service of post admission notice on behalf of the respondent/State.
Record of learned court below be called for.
Cr.MP No.3907 of 2023 The present application has been filed under Section 389 of the Code of Criminal Procedure (Cr.P.C) for suspension of sentence during the pendency of the present appeal.
I have heard learned counsel for the applicant/appellant, learned Additional Advocate General for the respondent/State and also gone through the material available on record.
The appeal pertains to the year 2023 and the same is not likely to be taken up for hearing in the near future. It is not in dispute that the applicant was on bail during trial and never misused the liberty so granted to him.
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Hence, taking into consideration the sentence awarded to the applicant, i.e. two years under Section 498-A IPC and six months, under Section 323 of IPC and the fact that of the present appeal stands admitted for hearing, it is ordered that the substantive sentence imposed upon the applicant/appellant, rt vide judgment of conviction and order of sentence, dated 15.09.2023, passed by learned Additional Sessions Judge, (CBI Court), Shimla in Case No.15-S/7 of 2021 (CIS CNR NO.
HPSH100058062021) titled State of H.P. vs. Sh. Suraj Gupta, shall remain suspended till final disposal of the appeal, however, subject to the applicant's furnishing personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial court and also depositing the fine amount, if not already deposited, within a period of two weeks from today, undertaking therein to appear in the Court as and when directed and in the event of the dismissal of the appeal, the applicant will surrender before the Court to undergo sentence, if any, imposed by the Court.
The application stands disposed of.
( Sushil Kukreja ) Judge 13th October, 2023 (reena) ::: Downloaded on - 13/10/2023 20:41:30 :::CIS