Himachal Pradesh High Court
Jagtar Singh vs . Virender Kumar. on 29 October, 2024
Jagtar Singh Vs. Virender Kumar.
Cr. Revision No.326 of 2023
29.10.2024 Present: Mr. Vedhant Ranta, Advocate, for the
petitioner.
Mr. Vaibhav Singh Chauhan, Advocate, vice Mr.
Rajat Awasthy, Advocate, for the respondent.
Cr. Revision No.326 of 2023
List for consideration on 09.12.2024.
Cr.MP No.4440 of 2024
Vide order dated 19.06.2023, passed in Cr.MP
No.2234 of 2023, the substantive sentence imposed upon
the applicant/petitioner vide judgment of conviction dated
02.11.2020 and order of sentence dated 12.11.2020,
passed by learned Judicial Magistrate First Class, Court
No.2, Nalagarh, District Solan, HP (hereinafter referred to
as 'the trial Court'), in Criminal Complaint No.60/3 of 2016,
titled Virender Kumar vs. Jagtar Singh and affirmed by
learned Addl. Sessions Judge, Nalagarh, District Solan, HP
in Criminal Appeal No.50-NL-10 of 2020, titled Jagtar Singh
Vs. Virender Kumar decided on 12.12.2022 was ordered to
be suspended, subject to applicant's depositing 30% of the
entire compensation amount before the trial Court within
six weeks from that date and also subject to his furnishing
a personal bond in the sum of Rs.50,000/- with one surety
in the like amount to the satisfaction of the 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.
Since the said order had not been complied
with by the applicant/petitioner despite numerous
opportunities, therefore, vide order dated 13.03.2024, the
interim order dated 19.06.2023 was ordered to be vacated
and non-bailable warrants were issued against the
applicant/petitioner vide order dated 22.07.2024 and
applicant had been taken into custody on 25.09.2024 and
is presently lodged in the judicial custody.
Other than the aforesaid, for the sufficient
cause/bona fide reasons mentioned in the application, the
same is allowed and the petitioner, who is presently lodged
in judicial custody is ordered to be released, subject to the
following conditions:
(i) That the applicant shall furnish
personal bond in the sum of Rs. 50,000/-,
alongwith one surety of the like amount,
to the satisfaction of the learned trial
Court within a period of six weeks from
today, with an undertaking that in the
event of final dismissal of the revision
petition, he will surrender before the
learned trial Court to serve the remainder
substantive sentence:
(ii) That the applicant shall deposit 30%
of the compensation amount with the
learned trial Court, within a period of six
weeks from today. It is further clarified
that this amount shall be in addition to the
amount, if any, already deposited by the
applicant.
The learned trial Court is directed to submit the
report of compliance of this order to this Court within a
period of six weeks. The application stands disposed of.
A copy of this order be sent to the
Superintendent, Sub Jail, concerned and the learned trial
Court by FASTER. A downloaded copy of this order shall be
accepted by the learned trial Court while accepting the bail
bonds from the petitioner and in case, said Court intends
to ascertain the veracity of the downloaded copy of the
order presented to it, same may be ascertained from the
official website of this Court.
Since orders have been passed in Cr.MP
No.4440 of 2024 for depositing of the 30% of entire
compensation amount before the trial Court, therefore, this
application has become infructuous.
(Bipin C. Negi)
Judge
29th October, 2024
(Gaurav Rawat)
KALYAN Digitally signed by KALYAN SINGH TANTA
DN: C=IN, O=HIGH COURT OF HIMACHAL
PRADESH, OU=HIGH COURT OF HIMACHAL
PRADESH SHIMLA,
Phone=6369e224816150950e4e573e4e34d1a10ba
SINGH 376e1f8f8ee29dacc0d935a099c06,
PostalCode=171001, S=Himachal Pradesh,
SERIALNUMBER=d7f9b938be1296b50deba92fd93
c409a194151aefd5316a9735ca7a14b704bd8,
CN=KALYAN SINGH TANTA
Reason: I have reviewed this document
TANTA Location:
Date: 2024-10-29 18:34:15
