Himachal Pradesh High Court
Vipul Sood vs . State Of H.P. on 10 November, 2023
Bench: Virender Singh
Vipul Sood vs. State of H.P.
.
Cr. Revision No. 585 of 2023
10.11.2023 Present: Mr. Sunil Mohan Goel, Advocate for the
petitioner.
Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S.
Rawat, Addl. A.G., Mr. Mohinder Zharaick,
Addl. A.G and Ms. Leena Guleria, Dy. A.G for
the respondent.
The petitioner has filed the present revision
petition against the judgment dated 18.09.2023
passed by the learned Additional Sessions Judge,
Sundernagar, District Mandi, H.P. (hereinafter referred
to as 'the Appellate Court') in Criminal Appeal No. 575
of 2020 in case titled as Vipul Sood vs. State of H.P.
Vide judgment dated 18.09.2023, the learned
Appellate Court has dismissed the appeal, which has
been filed by the petitioner against the judgment of
conviction dated 20.02.2020 and order of sentence
dated 29.02.2020, passed by the Court of learned
Judicial Magistrate First Class, Court No.2,
Sundernagar, District Mandi, H.P. (hereinafter referred
to as 'the trial Court'), in Police Challan No.1702 of
2013 titled as State of H.P vs. Vipul Sood.
Vide judgment of conviction and order of
sentence, as referred to above, the learned trial Court
has convicted the petitioner for the offences
punishable under Sections 279, 337 and 338 IPC and
sentenced him as under:
To undergo simple imprisonment for a
periodone month for the offence punishable
.
under Section 279 IPC.
To undergo simple imprisonment for a period
of fifteen days and to pay a fine of Rs.500/-
for the offence punishable under Section 337
IPC.
To undergo simple imprisonment for a period
of one month and to pay a fine of Rs.1000/-
for the offence punishable under Section 338
IPC.
The learned trial Court has directed that all
the sentences shall run concurrently. Fine amount is
stated to be deposited.
Certain arguable points are involved in the
present petition, as such, the same is admitted for
hearing.
Cr.M.P No. 4233 of 2023
Since the revision against the judgment of
conviction and order of sentence will take sufficient
time for its disposal, as such, during the pendency of
the revision petition, the operation of order of sentence
dated 29.02.2020 passed by the learned trial Court is
ordered to be suspended, subject to the following
condition:
(i) That the applicant shall furnish personal
bond in the sum of Rs. 30,000/-, 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 revision petition, he will
surrender before the learned trial Court to
serve the remainder substantive sentence:
The application is, thus, disposed of.
Cr.M.P No. 4234 of 2023
.
The application is disposed of with a direction
to the applicant/petitioner to file certified copy of learned
trial Court judgment on or before the next date of
hearing.
November 10, 2023 ( Virender Singh )
(naveen) Judge
