Himachal Pradesh High Court
Satish Kumar vs . State Of H.P. on 20 November, 2023
Bench: Virender Singh
Satish Kumar Vs. State of H.P.
Criminal Revision No. 591 of 2023
.
20.11.2023 Present: Mr. Arun Kaushal and Mr. Vishal Singh Thakur,
Advocate, for the petitioner.
Mr. Mohinder Zharaick, Addl. A.G. and Ms. Leena
Guleria, Dy. A.G. for the respondent.
Criminal Revision No. 591 of 2023
Admit. Call for the record.
List on 4th January, 2024
Cr.MP No. 4285 of 2023
By virtue of the present application filed under Section
389 of the Code of Criminal Procedure, applicant Satish
Kumar has assailed the judgment of conviction & order of sentence
dated 26.07.2014 passed by the Ld. Additional Chief Judicial
Magistrate, Palampur, District Kangra H.P., (hereinafter referred to as
the Ld. trial Court) in Cr. Case No. 125-II/2011.
The said judgment of conviction and order of sentence
has unsuccessfully been assailed before leaned Additional District and
Sessions Judge, Palampur District Kangra, H.P. (hereinafter referred
to as ld. Appellate Court) However, his appeal has been dismissed
vide order dated 30.09.2023
The perusal of the record shows that applicant has been
convicted for the offence punishable under Sections 279, 337 and
304-A IPC, Section 185 of the Motor Vehicle Act and sentenced to
undergo simple imprisonment for a period of six months and to pay a
fine of Rs.1000/- for commission of offence u/s 279 IPC, simple
imprisonment of 6 months and fine of Rs.500 for commission of
offence u/s 337 IPC, simple imprisonment of one year and a fine of
Rs.1,000/- for commission of offence under Section 304-A IPC and a
further simple imprisonment of three months and a fine of Rs.1,000 for
.
commission of offence under Section 185 of Motor Vehicles Act and in
case of failure to pay the fine amount, applicant has further been
directed to undergo simple imprisonment for a period of 15 days.
The trial Court has also directed that all the substantive
sentences shall run concurrently and simultaneously..
Since the revision against the said order has been
admitted for hearing, which is likely to take some time for its disposal,
as such, the application is considered and allowed. The order of
sentence passed by the learned trial in Criminal Case No. 125-II/2011,
is suspended during the pendency of the revision, subject to the
following conditions:-
(i) That the applicant shall furnish surety bond
in the sum of Rs. 40,000/- 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
dismissal of the petition, he will surrender before
the learned Trial Court to serve the remainder
substantive sentence;
(ii) That in addition to this, the applicant shall also
deposit fine amount, if any, within a period of four
weeks from today.
A copy of this order be sent to the learned trial Court,
with a direction that the report of compliance of this order be submitted
to this Court within a period of four weeks.
List on 4th January, 2024.
November 20, 2023 ( Virender Singh )
tarun Judge
