Vipul Sood vs . State Of H.P.

Vipul Sood vs. State of H.P.

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Cr. Revision No. 585 of 2023 10.11.2023 Present: Mr. Sunil Mohan Goel, Advocate for the petitioner.

Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G., Mr. Mohinder Zharaick, Addl. A.G and Ms. Leena Guleria, Dy. A.G for the respondent.

The petitioner has filed the present revision petition against the judgment dated 18.09.2023 passed by the learned Additional Sessions Judge, Sundernagar, District Mandi, H.P. (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 575 of 2020 in case titled as Vipul Sood vs. State of H.P.

Vide judgment dated 18.09.2023, the learned Appellate Court has dismissed the appeal, which has been filed by the petitioner against the judgment of conviction dated 20.02.2020 and order of sentence dated 29.02.2020, passed by the Court of learned Judicial Magistrate First Class, Court No.2, Sundernagar, District Mandi, H.P. (hereinafter referred to as 'the trial Court'), in Police Challan No.1702 of 2013 titled as State of H.P vs. Vipul Sood.

Vide judgment of conviction and order of sentence, as referred to above, the learned trial Court has convicted the petitioner for the offences punishable under Sections 279, 337 and 338 IPC and sentenced him as under:

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To undergo simple imprisonment for a periodone month for the offence punishable .

under Section 279 IPC.

To undergo simple imprisonment for a period of fifteen days and to pay a fine of Rs.500/-

for the offence punishable under Section 337 IPC.

To undergo simple imprisonment for a period of one month and to pay a fine of Rs.1000/-

for the offence punishable under Section 338 IPC.

The learned trial Court has directed that all the sentences shall run concurrently. Fine amount is stated to be deposited.

Certain arguable points are involved in the present petition, as such, the same is admitted for hearing.

Cr.M.P No. 4233 of 2023 Since the revision against the judgment of conviction and order of sentence will take sufficient time for its disposal, as such, during the pendency of the revision petition, the operation of order of sentence dated 29.02.2020 passed by the learned trial Court is ordered to be suspended, subject to the following condition:

(i) That the applicant shall furnish personal bond in the sum of Rs. 30,000/-, alongwith one surety of the like amount, to the satisfaction of the learned trial Court within a period of four weeks from today, with an undertaking that in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence:

The application is, thus, disposed of.

Cr.M.P No. 4234 of 2023 .

The application is disposed of with a direction to the applicant/petitioner to file certified copy of learned trial Court judgment on or before the next date of hearing.

     November 10, 2023                         ( Virender Singh )





         (naveen)                                    Judge











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