By Means Of Present Application vs Unknown
2021 Latest Caselaw 2842 HP

Cr. Revision No.111 of 2021 10.05.2021 Present: Mr. Subhash Chander, Advocate, for the

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petitioner.

Mr. Amit Dhumal, Deputy Advocate General, for respondent No.1-State.

Mr. Ashish Jamalta, Advocate, for respondent No.2.

(Through Video Conference)

Notice. Mr. Amit Dhumal, learned Deputy

Advocate General and Mr. Ashish Jamalta, Advocate, appear

and waive service of notice on behalf of respondents No.1

and 2, respectively.

Records of Courts below be also called for the

next date.

List after four weeks before the appropriate

Bench.

Cr.MP No.840 of 2021

By means of present application, prayer has been

made for suspension of sentence imposed by the learned

Trial Court in Criminal Complaint Nos.246-I/2011 and

139-III/2011, titled State Bank of India Sundernagar Versus

Shakti Chand, wherein 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.3,00,000/-. In appeal,

learned Additional Sessions Judge, Sundernagar, District

Mandi, has affirmed the judgment of conviction and

sentence. Since the sentence imposed is only for six months

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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 the learned Courts below is suspended, 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.

(iv) The petitioner shall deposit the entire amount of

compensation in the learned Trial Court before the next date.

The application stands disposed of.

Copy dasti.

                                              Jyotsna Rewal Dua
    May 10, 2021                                    Judge
        Mukesh