Sh. Suraj Gupta vs . State Of H.P.
2023 Latest Caselaw 16330 HP

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Sh. Suraj Gupta vs. State of H.P.

Cr. Appeal No.467 of 2023

13.10.2023 Present: Mr. Ajay Kashyap, Advocate, for the appellant.

Mr. Jitender Sharma, Additional Advocate

General, for the respondent/State.

Cr. Appeal No.467 of 2023

Admit.

Post Admission Notice.

Mr. Jitender Sharma, learned Additional

Advocate General, appears and waives service of post

admission notice on behalf of the respondent/State.

Record of learned court below be called for.

Cr.MP No.3907 of 2023

The present application has been filed under Section

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

sentence during the pendency of the present appeal.

I have heard learned counsel for the

applicant/appellant, learned Additional Advocate General for the

respondent/State and also gone through the material available on

record.

The appeal pertains to the year 2023 and the

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

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

never misused the liberty so granted to him.

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Hence, taking into consideration the sentence

awarded to the applicant, i.e. two years under Section 498-A

IPC and six months, under Section 323 of IPC 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

15.09.2023, passed by learned Additional Sessions Judge, (CBI

Court), Shimla in Case No.15-S/7 of 2021 (CIS CNR NO.

HPSH100058062021) titled State of H.P. vs. Sh. Suraj Gupta,

shall remain suspended till final disposal of the appeal, however,

subject to the applicant's furnishing personal bond in the sum of

Rs.50,000/- with one surety in the like amount to the

satisfaction of the 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.

The application stands disposed of.

( Sushil Kukreja ) Judge

13th October, 2023 (reena)