Harbans vs . State
2022 Latest Caselaw 9605 HP

Harbans vs. State

.

Cr. Appeal No. 138 of 2022

21.11.2022 Present: Mr. Arvind Sharma, Advocate for the appellant.

Mr. Hemant Vaid, Additional Advocate General, for the respondent.

Cr.MP No. 1453 of 2022

This application has been filed by appellant for

suspension of execution of sentence imposed upon him.

Main appeal preferred by appellant/convict stands

admitted as arguable points have been raised and hearing therein may

take place after a considerable long time.

It has been submitted by learned counsel for petitioner

that petitioner remained in custody during trial w.e.f. 21.5.2017 to

12.7.2017 and thereafter he was enlarged on bail during pendency of

trial and he surrendered himself immediately to the custody of Court

on conviction passed against him and since then i.e. 30.3.2022 he is

behind the bars being a convict.

There is no material on record to depict that during period

of bail pending trial, he was involved in similar or any other kind of

criminal case.

Considering the entire facts and circumstances of the

case, sentence imposed upon petitioner vide judgment/order dated

30.03.2022/31.03.2022 passed in Sessions Case No.70-J/VII/20/2018

titled State of Himachal Pradesh vs. Harbans is suspended during

pendency of appeal, subject to furnishing bail bonds in the sum of Rs.1

.

lac to the satisfaction of trial Court/Sessions Court concerned within a

period of three weeks from today, undertaking therein to appear before

this Court as and when directed to do so and to serve any sentence

which may be passed on conclusion of present appeal, failing which

the interim stay granted hereby shall stand vacated automatically. Fine

amount, if not already deposited, be also deposited within a period of

three weeks. Alteration, vacation and modification on motion.

The bail bonds, so furnished, shall be transmitted to the

Registry of this Court for placing the same on record.

Application stands disposed of.

The petitioner is permitted to produce copy of order

downloaded from the High Court website and the concerned authority

shall not insist for certified copy of the order, however, they may

verify the order from the High Court website or otherwise.

    November 21, 2022                              (Vivek Singh Thakur)
    (ms)                                                      Judge