CR.R/71/2021
2021 Latest Caselaw 2554 HP

Cr. Revision No. 71 of 2021

05.04.2021 Present: Mr. Kul Bhushan Khajuria, Advocate, for the

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petitioner.

Cr.M.P.No. 566 of 2021

This application has been filed seeking exemption

from filing certified copies of the judgments dated 31.08.2020

and 02.07.2018. It is submitted in the application that appeal of

the petitioner was dismissed on 31.08.2020, but due to COVID-

19 pandemic, petitioner could not contact his learned counsel

before 09.03.2021 when he met his learned counsel, on that

day he had requested him to obtain certified copies of the

judgments, but keeping in view the limitation period for filing

the revision petition, petitioner has preferred the petition

without obtaining and filing certified copies of the aforesaid

judgments, but has filed the copies of the judgments

downloaded from the official Website of learned Sessions Judge

(Forests) Shimla, H.P. and learned Additional Chief Judicial

Magistrate, Court No.1, Rohru, District Shimla, H.P.

Registry has reported that in view of instructions

dated 11.12.2006, no appeal or revision should be accepted

when it is not accompanied by a certified copy of the order of

the lower Court.

Learned counsel for the petitioner submits that

petitioner has taken steps for obtaining certified copies of the

judgments by instructing his learned counsel to obtain the

same, however, at the time of filing revision petition same were

not available and for the purposes of limitation, in view of order

of Supreme Court in suo motu Writ Petition (Civil) No.3 of 2020,

period from 15.03.2020 to 15.03.2021 is to be excluded and as

impugned judgments have been passed during the said period,

therefore, period up to 15.03.2021 is to be excluded and

thereafter within fifteen days revision petition is being preferred

and, therefore, for one of the main purposes i.e. calculation of

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limitation period certified copy is not required at this stage.

However, he undertakes to file the same within four weeks from

today.

Considering submissions of learned counsel for the

petitioner, application is allowed and petitioner is exempted

from filing certified copies of judgments dated 31.08.2020 and

02.07.2018 at this stage, subject to filing the same within four

weeks from today.

Application stands disposed of.

Cr.Revision No. 71 of 2021

Notice to Shubham Sood-respondent, returnable on

17.06.2021, on taking steps within five days, be issued.

Cr.M.P. No.565 of 2021

This is an application for suspension of sentence

and releasing the petitioner on bail. The substantive sentence

imposed vide judgment/order dated 02.07.2018/04.07.2018,

passed by learned Additional Chief Judicial Magistrate, Court

No.1, Rohru, District Shimla, H.P. in Case No.58-3 of 2016, titled

as Ashok Kumar vs. Ramesh Chand Sharma, affirmed by learned

Sessions Judge (Forests), Shimla, H.P., vide judgment dated

31.08.2020 passed in Criminal Appeal No.25-R/10 of 2018, titled

as Ramesh Chand vs. Ashok Kumar, is suspended during the

pendency of the criminal revision, subject to deposit of entire

amount of compensation in the Registry of this Court within

eight weeks from today and also subject to petitioner's

furnishing personal bond in the sum of `35,000/- (rupees thirty

five thousand only) with one surety of the like amount to the

satisfaction of the trial Court within a period of four weeks from

today, undertaking therein to appear before this Court as and

when directed and to surrender to serve out the sentence

imposed in case his revision petition is ultimately dismissed.

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Bail bonds so furnished by the petitioner shall be

transmitted by the trial Court to the Registry of this Court for

placing the same on record.

Alteration/vacation/modification on motion.

Application stands disposed of.

Copy dasti on usual terms.

                                               (Vivek Singh Thakur)
                 r                                     Judge

     April 5, 2021
         (Purohit)