Dumnu Ram vs . State Of H.P.
2022 Latest Caselaw 8974 HP

Dumnu Ram Vs. State of H.P.

Cr. Revision No. 586 of 2022

.

02.11.2022 Present: Mr. G.R. Palsra, Advocate, for the petitioner.

Mr. Desh Raj Thakur, Additional Advocate General

with Mr. Narender Thakur, Deputy Advocate General, for the respondent-State.

Cr. Revision No. 586 of 2022

Admit.

Cr.MP No. 3326 of 2022

The revision petition stands admitted as there are

arguable points raised on behalf of the petitioner. The final

disposal of the revision petition is likely to take some time.

Petitioner has been convicted for offence under

Sections 279 and 338 of IPC. He has been sentenced to undergo

three months imprisonment for offence under Section 279 of IPC

and six months imprisonment for offence under Section 338 of

IPC. It is submitted on behalf of the petitioner that the entire fine

amount stands already deposited. Such fact is evidenced by a copy

of receipt placed on record as Annexure A-1.

Keeping in view the entirety of facts and

circumstances, the application is allowed. Substantive sentence

imposed upon the petitioner vide judgment and sentence order

dated 31.03.2017/01.04.2017, passed by learned Additional Chief

Judicial Magistrate, Court No. 1, Sundernagar, District Mandi,

H.P. in Criminal Case No. 198-1/2012/63-II/2012 and affirmed

vide impugned judgment dated 29.09.2022, passed by learned

Additional Sessions Judge, Sundernagar, District Mandi, H.P., in

.

Criminal Appeal No. 51/2017, is ordered to be suspended till

final disposal of the revision petition, subject to petitioner

furnishing personal bond in the sum of Rs. 20,000/- with one

surety in the like amount to the satisfaction of learned Trial Court

within six weeks, undertaking therein that petitioner shall

surrender before this Court as and when required and in case of

dismissal of present petition, the petitioner shall immediately

surrender before the learned Trial Court for receiving the

sentence.

Cr.MP No. 3327 of 2022

This application is disposed of with the direction to

the applicant to file certified copy of the judgment and order

dated 31.03.2017/01.04.2017, within six weeks.

( Satyen Vaidya ) Judge

2nd November, 2022 (sushma)