Aaditya vs. State of H.P.
.
Cr. Revision No. 533 of 2023 06.10.2023 Present: Mr.Sanjeev Kumar Suri, Advocate for the petitioner.
Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S. Rawat, Addl. A.G and Ms. Leena Guleria, Dy. A.G for the respondent.
The petitioner has been convicted for the offences punishable under Sections 279 & 337 IPC and Section 185 of the Motor Vehicles Act in Criminal Case No. 4-II/2019, titled as State of H.P. vs. Aaditya by the Court of learned Chief Judicial Magistrate, Kangra Division at Dharamshala, District Kangra, H.P.
(hereinafter referred to as 'the trial Court).
Vide judgment of conviction dated 06.10.2021 and order of sentence dated 07.10.2021, he has been ordered to undergo simple imprisonment, for a period of three months and to pay a fine of Rs.
1,000/- and in default of payment of fine, to further undergo simple imprisonment for 10 days for the offence punishable under Secton 279 IPC, to undergo simple imprisonment for a period of three months and to pay a fine of Rs.500/- and in default of payment of fine, to further undergo simple imprisonment for 10 days for the offence punishable under Section 337 IPC and to pay a fine of Rs. 2,000/- for the offence punishable under Section 185 of the M.V. Act and in ::: Downloaded on - 07/10/2023 20:35:14 :::CIS default to payment of fine, to undergo simple .
imprisonment for 10 days.
The aforesaid judgment of conviction and order of sentence has unsuccessfully been assailed by the petitioner before the Court of learned Sessions Judge, Una, District Una, H.P. in Criminal Appeal No. 23-D/X/2021, vide Judgment dated 22.07.2023.
Aggrieved from the judgment of conviction and order of sentence passed by the learned trial Court, as referred to above, and affirmed by the learned First Appellate Court, the petitioner has preferred the instant revision petition.
There are certain arguable points are involved in the present petition, as such, the same is admitted.
Call for the records.
List on 1st December, 2023.
Cr.M.P No. 3755 of 2023 In view of the subsequent developments, learned counsel for the applicant does not press the present application. As such, the same is disposed of as not pressed.
Cr.M.P No. 3771 of 2023 The present application has been moved for releasing the applicant on bail during the pendency of the revision petition, as according to learned counsel for the applicant, he has been arrested in this case on 04.10.2023 and presently he stated to be confined in ::: Downloaded on - 07/10/2023 20:35:14 :::CIS judicial custody. The fine amount is stated to have .
ben deposited by the applicant.
The revision petition preferred by the applicant has been admitted for hearing, disposal whereof will take sufficient long time, as such, during the pendency of the revision petition, the operation of order of sentence dated 07.10.2021 passed by the learned trial Court is stayed and the applicant is ordered to be released on bail, subject to the following condition:
(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/-, alongwith one surety of the like amount, to the satisfaction of the learned trial Court/Duty Magistrate, Dharamshala within a period of six 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.
A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court within a period of six weeks.
List on 1st December, 2023.
October 06, 2023 ( Virender Singh )
(naveen) Judge
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