Himachal Pradesh High Court
Churamani @ Sonu vs . State Of Hp on 18 August, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Churamani @ Sonu vs. State of HP .
Cr.Revision No. 426 of 2022 18.08.2022 Present: Mr. Vikas Rajput, Advocate for the petitioner.
Ms. Divya Sood, Deputy Advocate General for the respondent.
Cr Revision No. 426 of 2022 Notice. Ms. Divya Sood, learned Deputy Advocate General, appears and waives service of notice on behalf of respondent.
Admit.
Record be requisitioned. List for hearing in due course after completion.
Cr.MP No. 2455 of 2022 This application has been filed for suspension of sentence under Section 397 Cr.P.C.
Heard. It is submitted by learned counsel for petitioner that fine amount has been deposited by petitioner in the Court below and main petition stands admitted and hearing therein may take place after a considerable long time, whereas maximum sentence imposed upon the petitioner is six months and further that petitioner was on bail during pendency of proceedings before the Courts below and he has never jumped over the bail and also undertakes to ensure his presence as and when directed by Court and therefore, prayer for suspending the sentence has been made.
Considering the quantum of sentence and admission of main petition as well as submissions made by learned counsel for ::: Downloaded on - 20/08/2022 20:01:34 :::CIS petitioner, sentence imposed upon the petitioner/accused vide .
judgment/order dated 31.8.2021 passed in Reg./Case No. 48 of 2018 by learned Chief Judicial Magistrate, Mandi, District Mandi, affirmed by learned Sessions Judge, Mandi, District Mandi HP vide judgment dated 6.7.2022 passed in Criminal Appeal No. 17 of 2021 is suspended till disposal of main petition, subject to the petitioner furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the trial Court, within four weeks from today, undertaking therein to appear before this Court as and when directed to do so and to receive any sentence which may be passed on the conclusion of the present petition, and also subject to deposit of fine in the trial Court within four weeks, if not already deposited, within the same stipulated period, failing which the interim stay granted hereby shall stand vacated automatically. Alteration, vacation and modification on motion.
The bail bonds so furnished shall be transmitted to the Registry of this Court for placing the same on record.
Application stands disposed of.
The petitioner is permitted to produce copy of order downloaded from the High Court website and the concerned authority shall not insist for certified copy of the order, however, they may verify the order from the High Court website or otherwise.
August 18, 2022 (Vivek Singh Thakur)
(ms) Judge
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