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[Cites 3, Cited by 2]

Himachal Pradesh High Court

Mr. Rajesh Kumar vs Chander Prakash on 24 January, 2020

Author: Anoop Chitkara

Bench: Anoop Chitkara

Cr. Revision No. 63 of 2020 24­01­2020 Present: Mr. Sanjeev Bhushan, Senior Advocate, with Mr. Rajesh Kumar, Advocate, for the .

petitioner.

Mr. Narender Guleria, Additional Advocate General, Mr. Bhupinder Thakur, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer, for the respondent.

Cr. Revision No. 63 of 2020 Issue notice. Mr. Narender Guleria, learned Additional Advocate General, takes notice on behalf of the respondent.

Cr. MP No. 274 of 2020 This application is under Section 397(1) of the Code of Criminal Procedure for suspension of sentence.

The matter arises out of Criminal Complaint No. 149­2 of 2014/2013 titled as State of H.P. Vs. Chander Prakash, wherein the petitioner/accused was convicted under Section 325 of Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months and also to pay fine of Rs. 5,000/­ and in case of default to pay fine amount undergo further simple imprisonment one month. In appeal, the said judgment was upheld and affirmed by learned Additional Sessions Judge­I, Solan, District Solan, H.P., vide judgment dated 30­12­2019.

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In view of the fact that the sentence is only for six months coupled with the fact that the Criminal .

Revision raises substantial questions of law, therefore, execution of sentence of imprisonment is suspended, subject to the conditions mentioned herein below:

(i) The petitioner/accused shall furnish personal bond in the sum of Rs.10,000/­ with one surety in the like amount to the satisfaction of Registrar(Judicial) or any other officer Authorized by him including Additional Registrar(Judicial)/ Deputy Registrar(Judicial)/Assistant Registrar (Judicial) of the High Court of Himachal Pradesh, within six weeks
(ii) The petitioner undertakes to comply with all the directions given in this order and furnishing of bail bonds by the petitioner is acceptance of all such conditions.
(iii) The petitioner undertakes to appear before this Court as and when directed to do so.
(iv) In case of dismissal of the present criminal revision, petitioner undertakes to surrender himself before learned trial Court.
(v) The petitioner undertakes to comply with all orders and directions issued by this Court in this matter.

Copy Dasti.

(Anoop Chitkara) Vacation Judge January 24, 2020 (sushma) ::: Downloaded on - 24/01/2020 20:28:00 :::HCHP