Shubham vs . Rakesh Kumar And Another
2022 Latest Caselaw 8529 HP

Shubham vs. Rakesh Kumar and another Cr.MP(M) No.2254/2022

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15.10.2022 Present: Mr. Kanwar Pradeep Singh, Advocate, for the petitioner.

Mr. Raju Ram Rahi, Deputy Advocate General, for respondent No2.

CRMPM No.2254/2022

For the reasons stated in the application, I am

satisfied that there was sufficient cause which prevented the

petitioner from filing Revision Petition within limitation period.

Therefore, the application is allowed and delay of 32 days in

filing the Revision Petition is condoned.

Revision Petition and the application be registered.

Application stands disposed of.

Cr.R No.______/2022 (CR.RST No.7389/2022)

Notice.

Mr. Raju Ram Rahi, learned Deputy Advocate

General, appears, waives and accepts service of notice on behalf

of respondent No.2.

Notice to respondent No.1, returnable on

25.11.2022, on taking steps within five days, be issued.

Records be requisitioned.

Cr.MP No. /2022 (Cr.MPST No.7438/2022)

Heard.

Subject to deposit of entire amount of compensation,

if not already deposited, in the Registry of this Court and also

furnishing personal bond in the sum of Rs.50,000/- with one

surety in the like amount to the satisfaction of the trial Court, on

or before 25.11.2022, undertaking therein to be present in Court

as and when directed to do so and to surrender to serve

.

sentence in case of dismissal of Revision Petition, substantive

sentence imposed upon the petitioner vide judgment/order dated

10.9.2021 passed by Judicial Magistrate First Class, Court No.1,

Solan, Himachal Pradesh, in Complaint No.404-03/2016, titled as

Rakesh Kumar versus Shubham, affirmed by learned Sessions

Judge, Solan, vide judgment dated 26.5.2022, passed in Criminal

Appeal No.17-S/10 of 2021, titled as Shubham v. Rakesh Kumar,

is suspended during pendency of main Revision Petition. In the

event of failure in compliance of conditions imposed, interim

protection granted to petitioner shall stand vacated.

Bail bonds, so furnished by applicant/ petitioner,

shall be transmitted to the Registry of this Court for placing the

same on record.

Alteration/vacation/modification on motion.

Application stands disposed of.

Petitioner is permitted to use/produce downloaded

copy of this order before the trial Court and the trial Court shall

not insist for the certified copy of order, rather passing of order

can be verified from the web-page of this High Court or

otherwise.

                                                (Vivek Singh Thakur)
    October 15, 2022(sd)                              Judge