Himachal Pradesh High Court
Pradeep Kumar Sharma vs State Of Himachal Pradesh on 22 April, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 22nd DAY OF APRIL, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL REVISION PETITION NO. 165 OF 2022
Between:-
PRADEEP KUMAR SHARMA, S/O LATE
SH. GHANSHYAM R/O VILLAGE RAGYAN,
P.O. BHONT, TEHSIL AND DISTRICT
SHIMLA, H.P. OCCUPATION RETIRED ...PETITIONER
GOVT. EMPLOYEE.
(BY SH. RAHUL GATHANIA, ADVOCATE,
VICE MR.B.R. KASHYAP, ADVOCATE.)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH S.H.O., THANA BOILEAUGANJ,
SHIMLA, H.P.
2. ANIL SOOD, S/O LATE SH. TRILOK
CHAND SOOD R/O 62/4, LOWER BAZAR,
TEHSIL AND DISTRICT SHIMLA, H.P. ...RESPONDENTS
(BY SH.HEMANT VAID, ADDITIONAL
ADVOCATE GENERAL FOR RESPODNENT No. 1.)
Whether approved for reporting?
This petition coming on for orders this day, the Court
delivered the following:
ORDER
On 11.4.2022, matter was listed for the first time in the High Court and on that date, dasti notices were issued for service of complainant/respondent No. 2, returnable on 30.5.2022. Now petitioner has approached this Court again for his release by filing Cr.M.P. No. 987 of 2022, stating therein that marriage of his daughter has been fixed on 9th May, 2022 and his presence would be necessary in the said ceremony.
2. Keeping in view the nature of the petition as well as order assailed in the petition and order proposed to be passed hereinafter, I am of the opinion that presence of respondent/complainant is not ::: Downloaded on - 23/04/2022 20:06:39 :::CIS 2 Cr. Revision No. 165 of 2022 necessary for adjudication of present petition, as appeal between the parties is pending before Additional Sessions Judge, CBI, Shimla.
3. By way of present petition, petitioner has assailed order .
dated 1.4.2022, whereby petitioner has been committed to jail to serve the sentence imposed upon him vide judgment/order dated 29.11.2021/30.11.2021 passed by Judicial Magistrate First Class, Court No. (3), Shimla in Complaint No.104-3 of 2008, as petitioner had failed to furnish bail bonds and deposit 50,000/- in compliance of orders dated 29.12.2021 and 21.3.2022 passed by Additional Sessions Judge (CBI) Shimla, in Appeal No. 23-S/10 of 2021 preferred by petitioner against his conviction in a case under Section 138 of Negotiable Instruments Act, at the time of suspending the sentence during pendency of appeal.
4. For non compliance of order of suspending the sentence and also order granting extension to comply with the order of suspension of sentence, process under Section 82 Cr.P.C. was also initiated against the petitioner by the trial Court. But before publication, petitioner had surrendered before the trial Court, but for want of extension of time by the Appellate Court, he was committed to jail for serving the sentence vide impugned order dated 1.4.2022, passed by Judicial Magistrate First Class, Court No. 3, Shimla.
5. On perusal of record, I find no irregularity, illegality or perversity in the impugned order. However, learned counsel for the petitioner submits that petitioner is ready to furnish personal bond as well as surety bond in terms of order dated 29.12.2021 passed by learned Additional Sessions Judge, CBI, Shimla within a period of one ::: Downloaded on - 23/04/2022 20:06:39 :::CIS 3 Cr. Revision No. 165 of 2022 week and also to deposit double of the amount, as directed by Additional Sessions Judge, CBI, Shimla, i.e. 1,00,000/-, within the same period.
6. It has been further submitted that marriage of daughter of .
petitioner has been fixed on 9th May, 2022 and being father, presence of petitioner is necessary in the said marriage.
7. On persuasive request of learned counsel for the petitioner, taking a lenient view, time to furnish bail bonds in terms of order dated 29.12.2021, is extended up to 28th April, 2022, subject to further condition that before furnishing bail bonds, petitioner shall deposit 1,00,000/- in the trial Court, instead of 50,000/- as ordered by learned Additional Sessions Judge, CBI, Shimla.
8. In case petitioner complies the aforesaid condition, he shall be enlarged on bail during pendency of appeal before Additional Sessions Judge (CBI), Shimla, subject to any other further condition, which may be imposed by learned Additional Sessions Judge, CBI/trial court during pendency of appeal. Order dated 1.4.2022 passed by learned Judicial Magistrate First Class, Court No. 3, Shimla as well as order dated 29.12.2021 passed by learned Additional Sessions Judge (CBI), Shimla shall stand modified in aforesaid terms.
9. It has been informed that dasti notices have not been issued to respondent No. 2 till date. In view of aforesaid order, there is no need to issue notice to respondent No. 2 in compliance of order dated 11.4.2022.
The petition stands disposed of in aforesaid terms alongwith pending applications.
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Parties are permitted to use downloaded copy of this order from High Court Website and Appellate/trial Court shall not insist for certified copy, rather authenticity of passing of this order shall be verified .
from High Court Website or otherwise.
(Vivek Singh Thakur), nd 22 April, 2022 Judge.
(Keshav)
r to
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