Himachal Pradesh High Court
Kanshi Ram vs . State Of H.P. on 17 March, 2023
Author: Virender Singh
Bench: Virender Singh
Kanshi Ram vs. State of H.P. .
Cr. Revision No. 147 of 2023 17.03.2023 Present: Mr. Anirudh Sharma and Mr. Pavinder, Advocates for the petitioner.
Mr. J.S. Guleria, Dy. A.G and Ms. Priyanka Chauhan, Dy. A.G for the respondent- State.
Since certain arguable points are involved in the present revision petition, as such, the same is admitted.
Let record of both the Courts below be requisitioned.
Cr.M.P No. 783 of 2023 By virtue of the present application, applicant Sh. Kanshi Ram has sought the suspension of order of sentence dated 04.11.2019, passed by the learned Judicial Magistrate First Class, Arki, District Solan, H.P. (hereinafter referred to as the 'trial Court') in Criminal Case No. 117/2 of 2010 and affirmed by the learned Additional Sessions Judge-II, Solan, District Solan vide order, dated 22.02.2023.
By virtue of the judgment dated 31.10.2019 and order of sentence dated 04.11.2019, the learned trial Court has convicted and sentenced applicant Sh.
Kanshi Ram for the offences punishable under ::: Downloaded on - 17/03/2023 20:39:03 :::CIS Sections 420, 468 and 471 of the Indian Penal Code, .
as under:-
Offence Sentence Awarded Section 420 of Indian Simple imprisonment for a period of one Penal Code, 1860 year and fine of Rs.2,000/- and in default of payment of fine to further simple imprisonment for one month.
Section 468 of Indian Simple imprisonment for a period of one Penal Code, 1860 year and fine of Rs.2,000/- and in default of payment of fine to further simple r imprisonment for one month.
Section 471 of Indian Simple imprisonment for a period of six Penal Code, 1860 months.
Since the revision against the said order has been admitted for hearing, which is likely to take some time for its disposal, as such, the application is considered and allowed. The order of sentence under challenge, in the revision is suspended during the pendency of the revision, subject to the following conditions:-
(i) That the applicant shall furnish personal bond in the sum of Rs. 30,000/- alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that in the event of dismissal of the revision, he will surrender before the learned trial Court to serve the substantive sentence;
(ii) That the applicant shall deposit the fine amount before the learned trial Court within a period of four weeks.
The application is, thus, disposed of.
::: Downloaded on - 17/03/2023 20:39:03 :::CISA copy of this order be sent to the learned .
trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of four weeks.
March 17, 2023 ( Virender Singh )
(naveen) Judge
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