Himachal Pradesh High Court
Sita Ram Sharma vs . State Of H.P. on 11 March, 2024
Sita Ram Sharma vs. State of H.P. Cr. Appeal No. 528 of 2023 11.03.2024 Present: Mr. Jagan Nath, Advocate, for the .
petitioner.
Mr. Ajit Sharma, Deputy Advocate General for the respondent-State.
Cr.M.P. No. 4319 of 2023 This is an application under Section 389(1) of the Code of Criminal Procedure, praying for suspension rof sentence imposed against the applicant/appellant by the learned Additional Sessions Judge, Sundernagar, District Mandi, Himachal Pradesh on 10.11.2023, in Sessions Trial No. 09 of 2015, titled as State of Himachal Pradesh versus Sita Ram Sharma, whereby, the learned Trial Court had convicted the appellant and sentenced to undergo imprisonment for two years under Section 498(A) of Indian Penal Code and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo imprisonment for two months and for offence punishable under Section 306 of Indian Penal Code to undergo rigorous imprisonment for seven years and to pay a fine of Rs.
10,000/- and in default of payment of fine to further undergo rigorous imprisonment for six months.
2. Reply to the application stands filed by the respondent-State.
::: Downloaded on - 11/03/2024 20:34:22 :::CIS3. Heard, learned counsel for the applicant/appellant as well as the learned State .
Counsel.
4. The case records reveal that a prima facie case exists in favour of the applicant/appellant and the hearing of the accompanying appeal is likely to take some time. It is also brought to the notice of this Court that the appellant/applicant, during the trial was already enlarged on bail.
5. Taking into account the entirety of facts and circumstances of this case, the order of sentence awarded by the learned Additional Sessions Judge, Sundernagar, District Mandi, shall remain suspended, on furnishing of personal bond to the tune of Rs.1,00,000/- within one surety in the like amount to the satisfaction of learned Trial Court, within two weeks from today. The application stands disposed of.
Cr. Appeal No.528 of 2023List the matter for hearing as per its own turn.
(Ranjan Sharma) Judge March 11, 2024 (himani) ::: Downloaded on - 11/03/2024 20:34:22 :::CIS