By Means Of Present Application vs Learned Counsel For The ...
2021 Latest Caselaw 3724 HP

Cr. Revision No.157 of 2021 06.08.2021 Present: Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh, Advocate, for the petitioner.

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Ms. Devyani Sharma, Advocate, for the respondent.

(Through Video Conference)

Notice. Ms. Devyani Sharma, learned counsel,

appears and waives service of notice on behalf of the

respondent.

Records of Courts below be called for the next

date.

List on 20.08.2021.

Cr.MP No.1329 of 2021

By means of present application, prayer has been

made for suspension of sentence imposed by the learned

Trial Court in Criminal Complaint No.129/2018, titled

Himachal Pradesh Gramin Bank Versus Anil Kumar, wherein

the accused/applicant has been convicted for commission of

offence punishable under Section 138 of the Negotiable

Instruments Act and has been sentenced to undergo simple

imprisonment for a period of six months alongwith

compensation of Rs.3,30,000/-. In appeal, learned Sessions

Judge, Chamba Division, Chamba, has affirmed the

judgment of conviction and sentence.

Learned counsel for the petitioner submits that

the entire loan amount due from the petitioner towards the

respondent has since been deposited by him in the Bank.

Certificate of Closure of Loan amount has been appended as

Annexure P-1. It is further submitted that the petitioner was

taken into custody on 27.07.2021. Since the sentence

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imposed is only for six months and considering the fact that

the revision petition involves questions of law & facts and

keeping in view the certificate at Annexure P-1, therefore,

during the pendency of the present revision petition, the

execution of the sentence ordered by the learned Courts

below is suspended and the accused/applicant shall be

released forthwith, subject to following conditions:-

(i) The petitioner shall furnish personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Trial Court within two weeks.

(ii) The petitioner undertakes to abide by all the orders and directions issued by this Court in the matter.

(iii) In the event of revision being dismissed, the

petitioner undertakes to surrender himself before the learned Trial Court for receiving the sentence, if any.

The application stands disposed of.

The parties and the competent Authority, attesting

the personal bond, shall not insist upon for obtaining/

requiring certified copy(s) of this order and shall download

the same from the website of the High Court.

Copy dasti.

                                              Jyotsna Rewal Dua
    August 06, 2021                                 Judge
        Mukesh