Himachal Pradesh High Court
Vinay Kumar & Anr vs . State Of H.P. on 27 January, 2023
Author: Virender Singh
Bench: Virender Singh
Vinay Kumar & Anr Vs. State of H.P. .
Criminal Appeal No. 22 of 2023 27.01.2023 Present: Mr. Lakshay Thakur, Advocate, for the appellants.
Mr. Y.P.S. Dhaulta and Mr. H.S.Rawat, Additional Advocates General and Ms. Seema Sharma, Deputy Advocate General, for the respondent.
Cr. M.P. No. 175 of 2023 By virtue of the present application, the applicant-Ashwani Kumar (Respondent No.2 in the appeal), has sought the suspension of sentence, passed by the learned Additional Sessions Judge-II, Kangra, at Dharamshala, in RBT SC No. 34/D/VII/21/18, vide judgment/order dated 15.11.2022, whereby, the applicant has been convicted for the offence punishable 201 read with Section 120-B of Indian Penal Code (hereinafter referred as 'IPC') and sentenced to undergo rigorous imprisonment for five years with a fine of Rs.10,000/-and in case of default of payment of fine, the applicant has been ordered to undergo simple imprisonment for a period of six months. Whereas, his co-accused -Vinay Kumar, has convicted for the offence under Section 302 of IPC and has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.20,000/- and in case of default of payment of fine, to undergo further three years simple imprisonment. He has also been sentenced to undergo a sentence of rigorous imprisonment for five years with a fine of ::: Downloaded on - 27/01/2023 20:31:44 :::CIS Rs.10,000/- for the commission of offence punishable .
under Section 201 read with Section 120-B of IPC. In case of default of payment of fine, he further undergo six months simple imprisonment.
2. All sentences have been ordered to run concurrently.
3. The appeal against the judgment conviction order of sentence has already been admitted for hearing by this Court vide order dated 12.01.2023.
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4. The applicant (respondent No.2), has pleaded in the application that he has deep root in the society and during the trial, he was on bail.
5. It has been pleaded that disposal of the appeal would take sufficient long time and no useful purpose would be served by keeping him in judicial custody.
6. On the basis of averments made in the application, learned counsel appearing on behalf of the applicant-Ashwani Kumar has given certain undertakings, for which, the applicant is ready to abide by, in case, he is released on bail and a prayer has been made to release him on bail.
7. When put on notice, the police has filed reply and pleaded that conviction has been ordered to be imposed and sentence inflicted upon the applicant after ::: Downloaded on - 27/01/2023 20:31:44 :::CIS conclusion of full fledge trial and applicant has been held .
guilty for by the learned trial Court.
8. The prayer has also been opposed that no factual ground has been mentioned in the application for suspension of sentence of applicant No.2, hence the same may kindly be dismissed.
9.
10. rHeard.
Perusal of the judgment of conviction and order of sentence 15.11.2022, shows that the applicant was ordered to be released on bail on 08.01.2019.
11. Since vide order dated 12.01.2023, appeal against the judgment of conviction and order of sentence stands admitted for hearing, the disposal of the same may take sufficiently long time, and also, considering the fact that during the pendency of the trial the applicant No.2 was on bail, during the pendency of the appeal, the operation of order of sentence dated 15.11.2022 against the applicant, passed by the learned Additional Sessions Judge-II, Kangra at Dharamshala, is ordered to be stayed subject to the applicant's furnishing personal bond in the sum of Rs. 50,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court/CJM, Kangra at Dharamshala.
12. In addition, the applicant is also directed to furnish an undertaking before this Court that in the event of the dismissal of the appeal, he would serve the ::: Downloaded on - 27/01/2023 20:31:44 :::CIS substantive sentence imposed upon him by the learned .
Additional Sessions Judge-II, Kangra at Dharamshala, by surrendering before the learned trial Court.
13. The fine amount, if not deposited, the same be deposited within two weeks from today.
14. The application is, thus, disposed of.
15. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of four weeks.
16. The applicant may produce a downloaded copy of this order passed by this Court before the trial Court and the trial Court shall not insist for the certified copy of the order, rather passing of order can be verified from the official web page of this Court.
January 27, 2023 (Virender Singh )
(ravinder) Vacation Judge
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