CR.R/26/2021
2021 Latest Caselaw 1041 HP

Cr. Revision No. 26 of 2021

10.2.2021. Present: Mr. Satpal Chauhan, Advocate, for the petitioner,

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through Video Conference.

Cr. Revision No. 26 of 2021

Notice to the respondent returnable within four

weeks, on taking steps within one week.

Records of Courts below be also called for the next

date.

List after four weeks, before the appropriate

Bench.

Cr.MP No. 197 of 2021

By means of present application, prayer has been

made for suspension of sentence imposed by learned trial

Court in case No. 169-3 of 2018, titled Sanjeev Bhapta

versus Prem Singh, wherein accused/applicant has been

convicted for commission of offence punishable under

Section 138 of Negotiable Instruments Act and has been

sentenced to undergo simple imprisonment for a period of

one year alongwith compensation. In an appeal, learned

learned Sessions Jude (Forests) Shimla has affirmed the

judgment of conviction and sentence. Since the sentence

imposed is only for one year and considering the fact that

the revision petition involves questions of law and facts,

therefore, during the pendency of the present revision

petition, the execution of the sentence ordered by learned

Courts below is suspended, subject to following conditions:-

(i) The petitioner shall furnish personal bond in the sum of `50,000/- 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.

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(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.

(iv) The petitioner shall deposit the balance amount of compensation in the learned trial Court before the next date.

Application stands disposed of.

Copy Dasti.

Jyotsna Rewal Dua February 10, 2021 Vacation Judge (vs)