CR.A/379/2020
2021 Latest Caselaw 418 HP

Criminal Appeal No. 379 of 2020

07.01.2021 Present: Mr. Nitin Thakur, Advocate, for the appellant.

.

Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocate Generals, for the respondent- State.

Through video conferencing.

Cr.MP No. 1531 of 2020

By way of instant application filed under Section

389(1) read with Section 482 of Cr.PC, prayer has been made on

behalf of applicant/appellant, who has already served two years

sentence out of five years, awarded by learned Court below, for

suspension of sentence during the pendency of the present

appeal. Despite sufficient opportunity, no reply has been filed on

behalf of non-applicant/respondent to the application and as such,

this Court has no option, but to decide the same on the basis of

material already available on record.

By way of judgment/sentence and orders dated

28.09.2020/29.10.2020, learned Special Judge, Kangra at

Dharamshala, District Kangra, H.P, has held applicant/petitioner

guilty of having committed offence punishable under Section 10 of

Protection of Children from Sexual Offences Act, 2012 and

sentenced him to undergo 5 years rigorous imprisonment. It has

been averred in the application that since petitioner has already

served two years sentence during the pendency of the trial before

the Court below coupled with the fact that impugned judgment of

conviction and sentence dated 28.09.2020, passed by learned

Special Judge, Kangra at Dharamshala, District Kangra, H.P. has

been laid challenge by way of appeal bearing No. 379 of 2020,

remaining sentence of 3 years may be suspended during the

pendency of the appeal. Since, considerable time is likely to be

.

consumed in final conclusion of the appeal pending before this

Court, prayer having been made on behalf of the applicant

deserves to be considered sympathetically.

Consequently, in view of the above, the sentence

imposed vide judgment/sentence and orders dated

28.09.2020/29.10.2020, in RBT Sessions Case No. 37-

P/VII/20/2019, by the learned Special Judge, Kangra at

Dharamshala, District Kangra, H.P., is suspended subject to the

applicant's furnishing personal bond in the sum of Rs. 25,000/-

with one surety in the like amount to the satisfaction of learned

Trial Court, within a period of four weeks from today with an

undertaking to appear on each date of hearing and to surrender

and to undergo the sentence which may be imposed in the event

of dismissal of the appeal. The suspension of sentence will be

further subject to the condition that the applicant shall deposit the

amount of fine, within the aforesaid period, if not already

deposited. The application is disposed of.

Copy dasti.

(Sandeep Sharma) Judge 7th January, 2021 (reena)