Puran Chand vs . State Of Hp
2023 Latest Caselaw 10409 HP

                        Puran Chand       Vs.    State of HP

                                                      Cr. Appeal No. 216/2022




                                                                      .

27.07.2023   Present:      Mr. Ajay Kochhar, Senior Advocate with Mr. Varun
                           Chauhan, Advocate, for the appellant.

Mr. B.N. Sharma, Additional Advocate General with Ms. Ayushi Negi, Deputy Advocate General, for the respondent-State.

Cr. MP No. 2632 of 2023

No reply is intended to be filed.

2. The present application has been filed under

Section 389 of the Code of Criminal Procedure (Cr.P.C.) for

suspension of sentence during pendency of the present appeal.

3. It is pertinent to mention here that earlier also, an

application (Cr.M.P.No.1972 of 2022) for suspension of

sentence was filed, but on 18.08.2022, it was not pressed on

the statement of the learned counsel appearing for the applicant

that instead of deciding the application, the main appeal be

heard at early date and thereafter the appeal was ordered to be

listed for hearing in the last week of September, 2022.

Thereafter, the appeal was listed number of times but it could

not be heard. Then the applicant again preferred an application

for suspension of sentence, being Cr.MP No.702 of 2023, which

was taken up on 15.03.2023, but again on the understanding

that the appeal will be heard at an early date, the said

application was disposed of as not pressed and the main

appeal was ordered to be listed on 19.04.2023 for final hearing

.

but despite that the appeal could not be heard finally.

4. The appeal pertains to the year 2002 and the same

is not likely to be taken up for hearing in the near future. The

applicant has already undergone the sentence of about one

year and two months as per the custody certificate (Annexure

P-1) placed on record by the learned counsel for the applicant.

It is not in dispute that the applicant was on bail during trial and

never misused the liberty so granted to him.

5. Hence, taking into consideration the quantity of

cannabis/charas involved in the present case, i.e. 650 grams,

which is an intermediate quantity and the fact that the present

appeal stands admitted for hearing, it is ordered that the

substantive sentence imposed upon the applicant-appellant,

vide judgment of conviction and order of sentence dated

23.06.2022, passed by learned Special Judge, Mandi, District

Mandi, H.P., shall remain suspended, till final disposal of the

appeal, however, subject to the applicant's furnishing personal

bond in the sum of Rs. 1,00,000/- with one surety in the like

amount to the satisfaction of learned trial Court and also

depositing the fine amount, if not already deposited, within a

period of two weeks from today, undertaking therein to appear

in the Court as and when directed and in the event of the

dismissal of the appeal, the applicant will surrender before the

Court to undergo sentence, if any, imposed by the Court.

6. The application stands disposed of.

.

Cr. Appeal No. 216/2022

7. Since the appeal already stands admitted,

therefore, list for final hearing in due course.

                                                     ( Sushil Kukreja )
    July 27, 2023                                         Judge




         (VH)