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Himachal Pradesh High Court

Bank vs Kishori Lal on 23 April, 2019

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

Cr. Revision No. 133 of 2019 .

23.04.2019 Present: Mr.Bodh Raj Thakur, Advocate, for the petitioner.

Mr.G.S. Rathore, Advocate, for respondent No.1.

Mr.Hemant Vaid, Additional Advocate General, with Mr.Vikrant Chandel, Deputy Advocate General, for respondent No.2-State.

Cr. Revision No.133 of 2019 Notice. Mr.G.S. Rathore, learned counsel, appears and waives service of notice on behalf of respondent No.1 and Mr.Vikrant Chandel, learned Deputy Advocate General, on behalf of respondent No.2-State.

List on 27.05.2019, before appropriate Bench.

This 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. The total compensation as has been awarded against the present petitioner by the learned Trial Court was `75,000/-. In lieu of the suspension of the sentence, petitioner shall deposit an amount of `50,000/- on or before the next date of hearing, if not already deposited during the pendency of the first appeal. In these circumstances, the substantive sentence imposed by the learned Judicial Magistrate, 1st Class, Dalhousie, District Chamba, H.P., in Criminal Complaint No.99 of 2017, titled as Punjab National Bank vs. Kishori Lal, on 21.12.2018 and affirmed by the learned Sessions Judge, Chamba Division, Chamba, H.P., in Criminal ::: Downloaded on - 24/04/2019 22:01:15 :::HCHP Appeal 5 of 2019, titled as Kishori Lal vs. Punjab National Bank, .

on 02.04.2019, 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.

For the reasons stated in application, the same is allowed. Certified copy of the trial Court judgment be positively filed within four weeks. Application stands disposed of.

Copy dasti.

                                                 (Ajay Mohan Goel),
     April 23, 2019                                     Judge
           (Purohit)




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