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Himachal Pradesh High Court

Prabhakar Dev vs State Of Himachal on 11 March, 2024

Prabhakar Dev Versus State of Himachal Pradesh .

Cr. Appeal No.95 of 2024 11.03.2024 Present: Mr. Surinder Saklani, Advocate, for the Appellant.

Mr. Ajit Sharma, Deputy Advocate General, for the respondent.

Cr. Appeal No.95 of 2024 Notice. Mr. Ajit Sharma, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent.

Admit.

Call for the records.

Cr.MP No.640 of 2024 Notice in the aforesaid terms.

2. This is an application under Section 389 read with Section 482 of the Criminal Procedure Code seeking suspension of sentence dated 01.03.2024, imposed by learned Special Judge, Sarkaghat, District Mandi, (H.P.), in Sessions Trial No.18/21/2018, titled as State of Himachal Pradesh versus Prabhakar Dev.

3. After having heard, learned counsel for the parties, at this stage, this Court is of the view that the appellant has a prima facie case in his ::: Downloaded on - 11/03/2024 20:34:19 :::CIS favour. The hearing of the case is likely to take some .

time. It has also informed by learned counsel for the appellant that during the trial, the appellant was enlarged on bail.

4. In view of the above facts and circumstances, the execution and operation of the order of sentence, dated 01.03.2024, passed by learned Special Judge, Sarkaghat, District Mandi, (H.P.), in Sessions Trial No.18/21/2018, titled as State of Himachal Pradesh versus Prabhakar Dev, shall remain suspended during the pendency of the appeal.

5. Consequent upon the suspension of sentence, the appellant [Prabhakar Dev] shall furnish personal bond to the tune of Rs.50,000/-, with one surety in the like amount to the satisfaction of the learned Trial Court below within fifteen days from today and where-after further consequential order shall operate. The amount of fine shall be deposited within two weeks before the Trial Court, if not already deposited. Application stands disposed of.

Appellant is permitted to produce/use copy .

of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy, but if required, may verify passing of order from Website of the High Court.

     March 11, 2024

          (Shivender)
                           to           (Ranjan Sharma)
                                             Judge









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