Citation : 2023 Latest Caselaw 13456 HP
Judgement Date : 13 September, 2023
Ram Lok Vs. State of H.P.
.
Criminal Appeal No.405 of 2023
13.09.2023 Present: Mr. Vinod K. Gupta & Mr. Pranav Sharma, Advocates, for the appellant.
Mr. Tejasvi Sharma, Additional Advocate General with Ms. Sunaina, Deputy Advocate General, for the respondent.
Notice. Ms. Sunaina, learned Deputy
Advocate General, appears and waives service of notice
on behalf of the respondent.
Admit.
Call for the records.
Cr.MP No.3312 of 2023.
Applicant has filed the accompanying
appeal, against the judgment of conviction and order of
sentence, dated 10.08.2023, passed by the learned
Sessions Judge, Kinnaur Sessions Division at Rampur
Bushahr (hereinafter referred to as the trial Court'), in
Sessions Trial No.0000022/2016, titled as State of H.P.
versus Sanju & Others.
By way of judgment of conviction and order
of sentence, as referred above, the applicant Ram Lok and
accused Sanju have been convicted for the commission of
offences, under Section 307 read with Section 34 of the
Indian Penal Code and sentenced to undergo rigorous
imprisonment for a period of two years and to pay a fine of
Rs.1,00,000/- each, and in default of payment of fine, both
.
the accused are directed to undergo simple imprisonment
for a period of six months.
Since the appeal has been admitted for
hearing and the disposal of which, will take sufficient long
time, as such, the order of sentence, dated 10.08.2023, is
ordered to be 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.50,000/-, 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 substantive sentence;
ii) That the applicant shall deposit the amount of fine, with the learned trial Court, within a period of four weeks from
today, if any, already deposited by the applicant.
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 eight
weeks.
List on 29th November, 2023.
(Virender Singh) Judge September 13, 2023(ps)
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