Himachal Pradesh High Court
Kailash Thakur vs . State Of H.P. on 4 October, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
Kailash Thakur Vs. State of H.P. Cr. Appeal No. 386 of 2023 .
04.10.2023 Present: Mr. Udit Shaurya Kaushik, Advocate, for the appellant.
Mr. Jitender Kumar Sharma, Additional Advocate General, for the respondent/State.
Cr.MP No. 3153 of 2023 of The present application has been filed under Section 389(1) read with Section 482 of the Code of Criminal Procedure rt (Cr.P.C) for suspension of sentence during pendency of the present appeal.
I have heard learned counsel for the applicant-
appellant, learned Additional Advocate General for the respondent-State and also gone through the material available on record.
The appeal pertains to the year 2023 and the same is not likely to be taken up for hearing in the near future. It is not in dispute that the applicant was on bail during trial and never misused the liberty so granted to him.
Hence, taking into consideration the quantity of Charas involved in the present case, i.e. 200 grams, which is an intermediate quantity and the fact that the present appeal stands admitted for hearing, it is ordered that the substantive sentence imposed upon the applicant/appellant, vide judgment of conviction and order of sentence dated 27.04.2023, passed by learned ::: Downloaded on - 04/10/2023 20:40:17 :::CIS Special Judge, Paonta Sahib, District Sirmour, H.P., shall remain .
suspended, till final disposal of the appeal, however, subject to the applicants furnishing personal bond in the sum of Rs. 2,00,000/-
with one surety in the like amount to the satisfaction of learned trial Court and also depositing the fine amount, if not already of deposited, within a period of four weeks from today, undertaking therein to appear in the Court as and when directed and in the rt event of the dismissal of the appeal, the applicant/appellant will surrender before the Court to undergo sentence, if any, imposed by the Court.
The application stands disposed of.
Cr. Appeal No.386 of 2023.
Since the appeal stands already admitted, list for final hearing in due course.
( Sushil Kukreja)
October 04, 2023 Judge
(subhash)
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