Lalit Kumar @ Lalu vs . State Of H.P.
2023 Latest Caselaw 17517 HP

Lalit Kumar @ Lalu Vs. State of H.P.

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Cr. Appeal No. 500 of 2023

4.11.2023 Present: Mr. Manohar Lal Sharma, Advocate, for the appellant.

Mr. B.N.Sharma, Additional Advocate General, for the respondent-State.

Admit.

Call for the records.

Cr.MP No. 4149 of 2023

The applicant has preferred the present

application, against order of conviction dated 23.9.2023,

passed by the Court of learned Sessions Judge, Solan, H.P.

(hereinafter referred to as 'the trial Court'), in Sessions Trial

No.8-S/7 of 2015, titled as, 'State of H.P. vs. Lalit Kumar @

Lalu'.

Vide judgment of conviction and order of

sentence, dated 23.9.2023, learned trial Court has

convicted the appellant, for the commission of offence,

punishable under Sections 279 and 304-AA IPC and

Section 187 of the M.V.Act and sentenced him as under:

i) For the commission of offence, punishable under Section 279 IPC, the applicant has been sentenced to undergo rigorous imprisonment, for a period of six months and to pay a fine of Rs.1,000/- and in default of payment of fine, he is further sentenced to undergo simple imprisonment, for one month.

ii) For the commission of offence, punishable under Section 304-AA IPC, he has been sentenced to undergo rigorous imprisonment, for a period of three years and to pay a fine of Rs.20,000/- and in default of payment of fine, he has been further

sentenced to undergo simple imprisonment for six months.

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iii) For the commission of offence, punishable under

Section 187 of the M.V. Act, the applicant has been sentenced to pay a fine of Rs. 500/- and in

default of payment of fine, he has been further sentenced to undergo simple imprisonment for 15 days.

The learned trial Court has directed that all

the sentences shall run concurrently.

r Since the appeal has been admitted for

hearing, which will take sufficient long time, for its

disposal, as such, during the pendency of the appeal, order

of sentence, dated 23.9.2023, passed by the learned trial

Court is ordered to be stayed and the applicant is ordered

to be released on bail, after expiry of the period, granted by

the trial Court, for filing the appeal, subject to the following

conditions:

(i) That the applicant shall furnish personal bond in the sum of Rs. 50,000/-, alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four weeks from today, with an undertaking that in the event of final dismissal of the appeal, he will surrender before the learned trial Court to serve the remainder substantive sentence.

(ii) He shall deposit the fine amount, if not deposited, within a period of four weeks.

The application is, thus, disposed of.

For awaiting the report of compliance, list on

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21.12.2023.

(Virender Singh) Judge November 4, 2023

(kalpana)

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