Himachal Pradesh High Court
Shiva vs State Of Himachal Pradesh on 5 April, 2024
Shiva versus State of Himachal Pradesh .
Cr. Appeal No. 28 of 2024 05.04.2024 Present: Ms. Shrishti Chauhan, Advocate, for the appellant.
Mr. Ajit Sharma, Deputy Advocate General for the respondent-State.
Cr.M.P. No. 295 of 2024 This is an application under Section 389 read with Section 482 of the Code of Criminal Procedure, praying for suspension of sentence imposing by the Learned Additional Sessions Judge [Fast Track Special Court] POCSO, Kangra at Dharamshala in [Registration No. 146 of 2017, dated 10.08.2023]
2. Upon issuance of notice on this application, the State Authorities have filed reply on the affidavit of Superintendent of Police, Kangra at Dharamshala.
3. On considering the submissions made by the Learned Counsels for the respondents, this Court, is of the considered view that once the judgment dated 10.08.2023 of conviction and sentence has been passed after full fledged trial; therefore, this Court sees no reason to suspend the sentence at this stage.
Accordingly, the application is dismissed with liberty, to move appropriate application in accordance with law [Section 436 of Cr.P.C] or other extenuating circumstances, if the same arise hereinafter.
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List the matter as per its turn.
(Ranjan Sharma)
Judge
April, 05 2024
(himani)
r to
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