Ravinder Singh Son Of Late Shri vs Unknown
2021 Latest Caselaw 5795 HP

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                    ON THE 17TH DAY OF DECEMBER, 2021
                                  BEFORE




                                                             .
                 HON'BLE MR. JUSTICE VIVEK SINGH THAKUR





        CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC No. 679 of 2021
BETWEEN:-





     RAVINDER SINGH SON OF LATE SHRI
     HARI CHAND, RESIDENT OF MUHAL
     CHHOTA     SAMAHAL,      SUB-TEHSIL
     BHADROTA,     TEHSIL    SARKAGHAT,





     DISTRICT MANDI, HIMACHAL PRADESH.                             ...PETITIONER

     (BY SHRI MAAN SINGH, ADVOCATE.)

     AND

     HEM SINGH SON OF SHRI CHUNI LAL,

     RESIDENT OF VILLAGE KHANDLA,
     TEHSIL   BALH, MANDI,  HIMACHAL
     PRADESH.                                                   ...RESPONDENT
     (NONE.)



     Whether approved for reporting?




               This petition coming on for orders this day, the Court
delivered the following:





                            JUDGMENT

For the order proposed to be passed, there is no necessity

to issue notice to the respondent.

2. Present petition has been filed for setting aside the

impugned order dated 4.12.2021, passed by learned Additional

Sessions Judge, Sundernagar, District Mandi, H.P., in Cr.MA No. 905 of

2021 in Criminal Appeal No. 149 of 2019, titled as Ravinder Singh Vs.

Hem Singh, whereby application of the petitioner seeking extension of

time for furnishing bail bonds and depositing amount in compliance of

order dated 18.9.2019, has been dismissed.

3. Petitioner has been convicted in a case under Section 138

of Negotiable Instruments Act by the trial Court and vide order dated

5.8.2019 has been sentenced to undergo simple imprisonment for two

years and to pay compensation to the tune of `13,00,000/- to the

.

complainant for dishonor of cheque amounting to `10,00,000/-.

4. In appeal preferred by the petitioner, substantive sentence

was suspended vide order dated 18.9.2019, subject to furnishing bail

bonds and depositing of 20% of compensation amount within 30 days.

However, petitioner did not comply with the order and on every

subsequent date seeks extension and time was extended on those

dates. The sentence was suspended about 2 years and 4 months ago.

Lastly, vide impugned order dated 4.12.2021, learned Additional

Sessions Judge has dismissed the application filed by the petitioner for

further extension by passing a reasoned and speaking order.

5. There is no plausible justification for not complying with the

terms and conditions imposed at the time of suspension of sentence,

therefore, I do not find any infirmity, illegally or irregularity in the

impugned order passed by learned Additional Sessions Judge,

Sundernagar, warranting interference of this Court.

6. However, considering the persuasive request of learned

counsel for the petitioner, by way of special indulgence one more, but

last opportunity is granted to the petitioner to furnish personal and surety

bonds in the sum of `25,000/- to the satisfaction of trial Court on or

before 14th January, 2022, but subject to deposit of 30% of

compensation amount by that date in the trial Court, instead of 20% of

compensation amount, as directed by the first Appellate Court and

subject to aforesaid condition, interim protection granted to petitioner by

learned Additional Sessions Judge, Sundernagar vide order dated

18.9.2019 shall continue, but subject to any further condition as deemed

fit to be imposed by the first Appellate Court during pendency of the

.

appeal. On failure in furnishing bail bonds and depositing 30% of

compensation amount on or before 14th January, 2022, interim

protection with respect to suspension of sentence shall stand vacated

automatically.

7. In case bail bonds are furnished and 30% of compensation

amount is deposited by the petitioner on or before 14th January, 2022 in

the trial court, then he shall not be arrested for execution of sentence

imposed upon him by the trial Court. Information in this regard shall be

transmitted by the trial Court to first Appellate Court.

8. In view of aforesaid order, petitioner shall not be arrested till

14th January, 2022 for execution of non-bailable warrants issued by trial

Court against him vide order dated 23.11.2021, returnable for 14.1.2022.

On compliance by the petitioner in terms of this order, execution of

sentence shall remain suspended subject to further order passed by the

Court(s).

The petition stands disposed of in aforesaid terms.

Petitioner is permitted to use downloaded copy of this order

from the High Court website and concerned authority shall not insist for

certified copy. Passing of order may be verified from High Court

website.

                                                  (Vivek Singh Thakur),
     th
17 December, 2021                                        Judge.
          (Keshav)