Himachal Pradesh High Court
Karam Singh vs . Union Bank Of India And on 2 May, 2024
Karam Singh vs. Union Bank of India and
another
.
Cr. MP(M) No.702 of 2024
02.05.2024 Present: Mr. Suneet Goel and Mr. Vishwas Kaushal, Advocates, for
the
petitioner.
Ms. Anjna, Advocate, vice Mr. Sanjay Dalmia, Advocate, for
respodnent No.1.
Mr. B.N. Sharma, Additional Advocate General, for
respondent No.2/ State.
Cr.MP(M) No.702/2024
For the sufficient cause and detailed reasons
given in the application, it is evident that there is no willful
negligence on the part of the applicant-petitioner in pursuing
the legal remedies available to him, the application is
allowed. Application stands disposed of.
Cr. Revision No._____/2024
Be registered.
Learned counsel for respondent No.1 submits
that final approval with respect to the amount deposited by
the petitioner, shall be obtained within a period of four
weeks.
List after four weeks.
Cr.MP No._________/2024
Be registered.
The applicant-petitioner has preferred the
present petition against the judgment of conviction and order
of sentence dated 05.03.2019, passed by learned Judicial
Magistrate First Class, Court No.II, Sundernagar, District
Mandi, H.P. (hereinafter referred to as 'the trial Court'), in
Criminal Complaint No.268-I/17 (241-I/2017), titled Union
Bank of India vs. Karam Singh and affirmed by learned
Additional Sessions Judge, Sundernagar, District Mandi,
.
Himachal Pradesh, in Criminal Appeal (Filing) No.461/2019,
titled Karam Singh v s. Union of Indai and another, decided
on 23.05.2022.
Learned counsel for the petitoiner submits that
though the compensation amount awarded in the present
case was Rs.3,40,000/-, but in terms of the One Time
Settlement (OTS) Scheme of the bank, the petitioner has to
pay Rs.1,50,000/- only. The said amount stands deposited,
which fact is not disputed by learned counsel for respondent
No.1.
Since the entire amount, as per settlement, in
the case at hand has been deposited, therefore, during the
pendency of the present Revision Petition, the operation of
order of sentence dated 19.03.2024, is ordered to be
suspended and the applicant/petitioner, who is presently
lodged in District Jail, Mandi, is ordered to be released on
bail, subject to his furnishing a personal bond in the sum of
Rs.25,000/- with one surety in the like amount to the
satisfaction of learned Trial Court undertaking therein that
petitioner will attend this Court as and when required and in
case of dismissal of the revision petition, he will immediately
surrender before the learned Trial Court to receive the
sentence.
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.
In case, the applicant is not released within a
period of seven days from the date of grant of bail, the
.
Superintendent of District Jail, Mandi, is directed to inform
this fact to the Secretary, DLSA, Shimla. The Superintendent
of concerned Jail is further directed that if the applicant fails
to furnish the bail bonds, as per the order passed by this
Court, within a period of one month from today, then, the
r to
said fact be submitted to this Court.
The parties are permitted to produce a copy of
this order, downloaded from the web-page of the High Court
of Himachal Pradesh before the authorities concerned and
the said authorities shall not insist for production of a
certified copy, but if required, may verify it from website of
the High Court.
The application is, thus, disposed of.
( Bipin C. Negi )
May 02, 2024 (KS) Judge
