Himachal Pradesh High Court
Aaditya vs . State Of H.P. on 6 October, 2023
Bench: Virender Singh
Aaditya vs. State of H.P.
.
Cr. Revision No. 533 of 2023
06.10.2023 Present: Mr.Sanjeev Kumar Suri, Advocate for the
petitioner.
Mr. Tejasvi Sharma, Addl. A.G with Mr. H.S.
Rawat, Addl. A.G and Ms. Leena Guleria, Dy.
A.G for the respondent.
The petitioner has been convicted for the
offences punishable under Sections 279 & 337 IPC
and Section 185 of the Motor Vehicles Act in Criminal
Case No. 4-II/2019, titled as State of H.P. vs. Aaditya
by the Court of learned Chief Judicial Magistrate,
Kangra Division at Dharamshala, District Kangra, H.P.
(hereinafter referred to as 'the trial Court).
Vide judgment of conviction dated
06.10.2021 and order of sentence dated 07.10.2021,
he has been ordered to undergo simple imprisonment,
for a period of three months and to pay a fine of Rs.
1,000/- and in default of payment of fine, to further
undergo simple imprisonment for 10 days for the
offence punishable under Secton 279 IPC, to undergo
simple imprisonment for a period of three months and
to pay a fine of Rs.500/- and in default of payment of
fine, to further undergo simple imprisonment for 10
days for the offence punishable under Section 337 IPC
and to pay a fine of Rs. 2,000/- for the offence
punishable under Section 185 of the M.V. Act and in
default to payment of fine, to undergo simple
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imprisonment for 10 days.
The aforesaid judgment of conviction and
order of sentence has unsuccessfully been assailed by
the petitioner before the Court of learned Sessions
Judge, Una, District Una, H.P. in Criminal Appeal No.
23-D/X/2021, vide Judgment dated 22.07.2023.
Aggrieved from the judgment of conviction
and order of sentence passed by the learned trial
Court, as referred to above, and affirmed by the
learned First Appellate Court, the petitioner has
preferred the instant revision petition.
There are certain arguable points are involved
in the present petition, as such, the same is admitted.
Call for the records.
List on 1st December, 2023.
Cr.M.P No. 3755 of 2023
In view of the subsequent developments,
learned counsel for the applicant does not press the
present application. As such, the same is disposed of
as not pressed.
Cr.M.P No. 3771 of 2023
The present application has been moved for
releasing the applicant on bail during the pendency of
the revision petition, as according to learned counsel
for the applicant, he has been arrested in this case on
04.10.2023 and presently he stated to be confined in
judicial custody. The fine amount is stated to have
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ben deposited by the applicant.
The revision petition preferred by the
applicant has been admitted for hearing, disposal
whereof will take sufficient long time, as such, during
the pendency of the revision petition, the operation of
order of sentence dated 07.10.2021 passed by the
learned trial Court is stayed and the applicant is
ordered to be released on bail, subject to the following
condition:
(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/Duty
Magistrate, Dharamshala within a period of
six 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.
A copy of this order be sent to the learned
trial Court, with the direction that the report of
compliance of this order be submitted to this Court
within a period of six weeks.
List on 1st December, 2023.
October 06, 2023 ( Virender Singh )
(naveen) Judge
