Himachal Pradesh High Court
Unknown vs Sayed Babalal H on 3 November, 2017
Author: Sanjay Karol
Bench: Sanjay Karol
Cr. Revision No.316 of 2017 03.11.2017 Present: Mr.Dinesh Kumar, Advocate vice counsel for the .
petitioner.
Notice be issued to the respondent, returnable for 8th December, 2017. Steps for service, complete in all respects, be taken within three days.
Learned counsel for the petitioner, under instructions, prays that the matter be compounded, in terms of the law laid down by the Apex Court in Damodar S. Prabhu Versus Sayed Babalal H., (2010) 5 SCC 663. Also petitioner is ready and willing to deposit the entire amount of compensation within a period of three months. Also he is ready and willing to deposit 15% of the cheque amount in the Registry of this Court, within the aforesaid period, which shall be remitted to the Himachal Pradesh State Legal Services Authority. Let petitioner remain present in Court on 8.12.2017.
Cr.M.P. No. 1284/2017This is an application for suspension of the sentence and releasing the petitioner on bail. It has been submitted by the learned counsel for the petitioner that the petitioner was on bail during the trial and his sentence was suspended by the learned lower Appellate Court during the pendency of the appeal. In these circumstances, the substantive sentence imposed by the learned Additional Chief ::: Downloaded on - 10/11/2017 13:32:44 :::HCHP Judicial Magistrate, Court No.(2), Shimla, H.P. in Case No.478-3 of 2014/09 on 07.08.2014, titled as Kanchan .
Sood vs. Ravi Shankar and affirmed by the learned Additional Sessions Judge(II), Shimla, H.P., in Criminal Appeal No.193-S/10 of 2014, titled as Ravi Shankar Sood vs. Kanchan Sood on 28.08.2017, is suspended during the pendency of the revision subject to the petitioner furnishing personal bond in the sum of `25,000/- (rupees twenty five thousand only) with one surety of the like amount to the satisfaction of the trial Court within a period of four weeks with the conditions that the petitioner shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed in case his revision is ultimately dismissed. The trial Court shall ensure compliance of the directions issued by this Court on the administrative side vide communication No. HHCVIG / Misc. Instructions /93-IV-7139, dated 18.3.2013. The application stands disposed of.
Copy dasti.
( Sanjay Karol ) Acting Chief Justice November 3, 2017 (vt) ::: Downloaded on - 10/11/2017 13:32:44 :::HCHP