Surinder Kumar vs . State Of H.P.
2023 Latest Caselaw 16331 HP

Surinder Kumar Vs. State of H.P.

.

Criminal Appeal No.468 of 2023

13.10.2023 Present: Mr. Goldy Kumar, Advocate for the appellant.

Mr. Tejasvi Sharma & Mr. H.S. Rawat, Additional Advocates General, with Ms. Lena Guleria, Deputy Advocate General, for the

respondent.

Notice. Mr. Tejasvi Sharma, learned

Additional Advocate General, appears and waives service

of notice on behalf of respondent.

Admit. Call for the record.

Cr.MP No.3908 of 2023.

The applicant has filed the appeal, against

the judgment of conviction and order of sentence dated

8.8.2023, passed by the Court of learned Additional

Sessions Judge, Dehra, District Kangra, H.P. (hereinafter

referred to as the 'trial Court'), in Sessions Trial No.45-

G/VII/23/2014, titled as State of H.P. Versus Surinder

Kumar.

Vide judgment of conviction and order of

sentence dated 8.8.2023, the learned trial Court has

convicted and sentenced the applicant-appellant, as

under:-

Sr. Sections Imprisonment Fine In default of payment of

.

     No.                                     fine, convict shall further





                                             undergo

     1.   325 IPC Simple           `1500/- Simple imprisonment for
                  imprisonment for         4 month.





                  2 years and 10
                  months

     2.   451 IPC Simple           `500/-    Simple imprisonment for
                  imprisonment for           1 month.





                  6 months

The amount of fine is stated to have been

deposited.

Since the disposal of the appeal, filed by the

petitioner, against the judgment of conviction and order of

sentence, as referred to herein-above, will take sufficient

long time, as such, the order of sentence dated 8.8.2023, is

suspended during the pendency of the appeal, subject to

the following conditions:

(i) That the applicant shall furnish personal bond in the sum of Rs.25,000/-, along with 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.

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, well before the next

.

date of hearing.

List on 15th December, 2023.

(Virender Singh)

Judge October 13, 2023(ps)