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Himachal Pradesh High Court

Khushi Ram vs . Central Bureau Of Investigation, ... on 20 March, 2023

Author: Ajay Mohan Goel

Bench: Ajay Mohan Goel

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Khushi Ram Vs. Central Bureau of Investigation, Shimla, H.P. Cr.MP(M) No.682 of 2023 20.03.2023 Present: Mr. Ashwani Kaundal, Advocate, for the applicant/ appellant.

Mr. A.K. Bansal, Advocate, for the non­ applicant/respondent.

Cr. MP(M) No.682 of 2022 Notice. Mr. A.K. Bansal, learned counsel accepts notice on behalf of the non­applicant/ respondent.

By way of this application, a prayer has been made for condonation of delay in filing the appeal.

A perusal of the averments made in the application and report of the Registry suggest that there is seven days' delay in filing the appeal.

Taking into consideration the fact that the delay is not inordinate, this Court is of the view that it will be in the interest of justice in case this application is allowed by condoning the delay in filing the appeal.

Accordingly, this application is allowed and delay in filing the appeal is condoned. The application stands disposed of.

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CRAST No.2039 of 2023 (Cr. A. No. of 2023 Be registered. Admit. Post admission notice.

Mr. A.K. Bansal, learned counsel accepts post admission notice on behalf of the respondent. List in due course. Record be called for.

CrMPST No.2043 of 2023 (Cr.MP No. of 2023 This is an application for suspension of sentence. The appeal has been admitted. There are arguable points in the appeal. In these circumstances, the sentence imposed upon the applicant/ appellant by the Court of learned Special Judge (CBI), Shimla, H.P., in case No.24­S/7 of 2016 (CNR No.HPSH100002662016), dated 05.01.2023 & 07.01.2023, titled as Central Bureau of Investigation Versus Shiv Dayal Bodh @ S.D. Bodh & others, is suspended subject to applicant/appellant furnishing personal bond in the sum of Rs. 25,000/­ within one surety in the like amount to the satisfaction of learned Trial Court within a period of four weeks from today, undertaking therein to appear in the Court as and when directed and shall surrender to serve out the ::: Downloaded on - 20/03/2023 20:36:53 :::CIS .

sentence imposed, in case his appeal is ultimately dismissed. The application stands disposed of.

(Ajay Mohan Goel) Judge March 20, 2023 (Rishi) ::: Downloaded on - 20/03/2023 20:36:53 :::CIS