Citation : 2021 Latest Caselaw 2461 HP
Judgement Date : 25 March, 2021
Cr. Revision No. 63 of 2021
.
25.03.2021 Present: Mr. Jai Dev Thakur, Advocate, for the petitioner.
Cr. Revision No. 63 of 2021
The impugned judgment was passed on
04.11.2020. Copy was applied on 14.12.2020, which was
complete on 16.12.2020. Limitation to file Revision Petition was
to expire on January 2021 and being Winter Vacations, same
would have been extended up to 22.02.2021 i.e. first day of
opening of the Court. After Winter Vacations, petition has been
filed on 20.03.2021.
In order dated 23.03.2020, passed by Supreme
Court of India in suo motu Writ Petition (Civil) No.3 of 2020, it
has been ordered that a period of limitation in all proceedings,
irrespective of limitation prescribed under the general law or
Special Laws whether condonable or not, shall stand extended
w.e.f. 15.03.2020 till further orders, on account of COVID-19
pandemic, to be passed by the Supreme Court. Therefore
present petition is to be treated within limitation.
Notice, on taking steps within three days, returnable
on 27.05.2021, be issued to the respondent.
Records be requisitioned.
Cr.M.P. No. 505 of 2021
This is an application for suspension of sentence
and releasing the petitioner on bail. The substantive sentence
imposed by learned Additional Chief Judicial Magistrate, Court
No.1, Rohru, District Shimla, H.P., vide judgment/order dated
14.08.2019/31.08.2019 passed in Criminal Case No.86/3 of
2018, titled as Nrip Kumar vs. Deepak Raj, affirmed by learned
Sessions Judge (Forests) Shimla, H.P., vide judgment dated
04.11.2020 passed in Criminal Appeal No.3-R/10 of 2020, titled
.
as Deepak Raj vs. Nrip Kumar, is suspended during pendency of
the criminal revision, subject to the petitioner furnishing
personal bond in the sum of `25,000/- (rupees twenty 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 and
also subject to deposit of entire awarded amount of
compensation within six weeks from today in the Registry of this
Court.
Bail bonds so furnished by the petitioner shall be
transmitted by learned trial Court to the Registry of this Court
for placing the same on record.
Alteration/vacation/modification on motion.
Application stands disposed of.
Cr.M.P.(M) No. 576 of 2021
As in view of order passed by the Supreme Court,
petition has been treated within limitation, this application has
become infructuous and dismissed as not pressed.
Petitioner is permitted to produce a copy of this
order, downloaded from the web-page of the High Court of
Himachal Pradesh, before the authorities concerned, and the
said authorities shall not insist for production of a certified copy.
(Vivek Singh Thakur) Judge March 25, 2021 (Purohit)
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