Himachal Pradesh High Court
Tashi Phunchog vs . Cbi, Shimla on 22 August, 2023
Author: Virender Singh
Bench: Virender Singh
Tashi Phunchog vs. CBI, Shimla .
Cr.M.P(M) No. 1831 of 2023 22.08.2023 Present: Mr. Sambhav Bhasin, Advocate for the applicant.
Mr. Anshul Bansal, Advocate for the respondent.
of Reply filed.
2. The applicant has preferred the appeal against rt the judgment of conviction dated 15.06.2022 and order of sentence dated 25.08.2022 passed by learned Special Judge (CBI), Shimla, H.P. (hereinafter referred to as the 'learned trial Court') in Corruption Trial No. 17-S/7 of 2016, arising out of FIR No. RC0962015A0005.
3. Since the appeal has been filed after the prescribed period of limitation, as such, present application for condonation of delay of 267 days has been moved. The condonation of delay has been sought on the ground that the applicant is in judicial custody for last eight years and it was difficult for him to engage Counsel, as well as, arrange the funds to file the appeal.
4. Although, in reply, all the averments have been denied and controverted, but, considering the fact that the applicant is in judicial custody and he will not gain anything by filing the appeal after the prescribed period of limitation, had he not been prevented to do so, for the reasons mentioned in para 4 of the application, the ::: Downloaded on - 22/08/2023 20:40:02 :::CIS application is allowed and delay of 267 days is ordered to .
be condoned. The application stands disposed of.
Cr. Appeal No. of 2023
5. Be registered.
6. Admit.
of
7. Call for the records. List on 3rd October, 2023.
CRMPST No. 5942 of 20238. rt By way of present application, a prayer has been made to suspend the order of sentence dated 25.08.2022 passed by the learned trial Court vide judgment of conviction and order of sentence under challenge, whereby, the applicant has been convicted for the offences punishable under Sections 120B, 420,471, 467 and 468 of the Indian Penal Code as under:-
(i) to undergo rigorous imprisonment for a period of three years and a fine of a fine of Rs 1,000/-
(Rs. Oned to be tm Thousand only), for the commission of offence under Section 13(1)(d) of The Prevention of Corruption Act, 1988 punishable under Section 13 (2) read with Section 120B of IPC, and In case of default of payment of fine, to further undergo rigorous imprisonment for a term of six months.
(ii) to undergo rigorous imprisonment for a period of three years and a fine of a fine of Rs.1,000/- (Rs. One Thousand only), for the commission of offence under Section 420 of IPC read with Section 120B IPC and in case of default of payment of fine, to further undergo rigorous imprisonment for a term of six months.
(iii) to undergo rigorous imprisonment for a period of three years and a fine of a fine of Rs 1,000/- (Rs. One Thousand only), for the commission of offence under Section 467 of IPC read with Section 120B IPC and in case of default of payment of fine, to further undergo gistrar rigorous imprisonment for a term of six months.
::: Downloaded on - 22/08/2023 20:40:02 :::CIS(iv) to undergo rigorous imprisonment for a period .
of three years and a fine of a fine of Rs 1,000/-
(Rs. One Thousand only), for the commission of offence under Section 468 of IPC read with Section 120B IPC and in case of default of payment of fine, to further undergo rigorous imprisonment for a term of six months.
(v) to undergo rigorous imprisonment for a period of three years and a fine of a fine of Rs 1,000/-
of (Rs. One Thousand only), for the commission of offence under Section 471 of IPC read with Section 120B of IPC and in case of default of payment of fine, to further undergo rigorous
9. rt imprisonment for a term of six months.
It has also been ordered by the learned trial Court that all the substantive sentences imposed shall run concurrently.
10. Since, the appeal has been admitted for final hearing, disposal whereof will take sufficient long time and considering the fact that the applicant is in judicial custody for last eight years, as such, during the pendency of the appeal, the operation of order of sentence dated 25.08.2022 passed by learned trial Court is ordered to be stayed, subject to the following condtions:-
(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/-, with one surety of the like amount, to the satisfaction of the learned trial Court within a period of one week from today, with an undertaking that in the event of dismissal of the appeal, he will surrender before the learned trial Court to serve the remainder substantive sentence:
(ii) That the applicant shall deposit the fine amount with the learned trial Court, within a period of one week from today.
11. It is further clarfieid that in case of non-
compliance of this order, the protection, which has been ::: Downloaded on - 22/08/2023 20:40:02 :::CIS granted to the applicant by this order shall stand vacated .
automatically without reference to this Court.
12. The application is, thus, disposed of.
13. A copy of this order be sent to the learned trial Court, with the direction that the report of of compliance of this order be submitted to this Court within a period of six weeks.
14. rt List on 3rd October, 2023.
August 22, 2023 ( Virender Singh )
(naveen) Judge
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