Chattar Singh vs . State Of H.P.
2023 Latest Caselaw 13597 HP

Chattar Singh vs. State of H.P.

Cr. Appeal No. 339 of 2023

.

14.09.2023 Present: Mr. Virender Singh Rathore, Advocate, for the appellant.

Mr. Raj Kumar Negi, Additional Advocate General,

for the respondent/State.

Cr.MP No.2778 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 pendency of the present appeal.

I have heard learned counsel for the applicant-

appellant as well as the learned Additional Advocate General and

also gone through the material available on record.

As per the custody certificate filed by the

respondent, the applicant has undergone the sentence for a period

of about four months till date. It is not in dispute that the applicant

was on bail during trial and never misused the liberty so granted to

him. The appeal pertains to the year 2023 and the same is not

likely to be taken up for hearing in near future.

Hence, keeping in view the facts and circumstances

of the present case and also the fact that 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 27.07.2023, passed by the learned

Additional Sessions Judge, Fast Track Special Court

(Rape/POCSO), Sirmaur District at Nahan, H.P., 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 learned 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.

Cr. Appeal No.339 of 2023

Since the appeal has already been admitted, list for

final hearing in due course.

                                                  ( Sushil Kukreja)
      September 14, 2023                               Judge
             (subhash)