Citation : 2025 Latest Caselaw 4031 HP
Judgement Date : 10 February, 2025
Rupesh Sharma Vs. Murlidhar
Cr. Revision No. 71 of 2025 10.02.2025 Present: Mr. Nitin Soni, Advocate, for the petitioner.
Cr. Revision No. 71 of 2025 Heard.
2. Let notice be issued to Sole
Respondent [Murlidhar], returnable in four
weeks, on taking steps within three days.
Cr. MP(M) No. 409 of 2025
3. Heard.
4. Notice to nonapplicant in aforesaid
terms.
5. Petitioner [Rupesh Sharma] has come up
before this Court, under Section 430 of the
BNSS 2023 seeking staying the implementation
and execution of the judgment and conviction
dated 17.06.2024 passed by Learned Judicial
Magistrate First Class, Kullu, District Kullu, H.P.
in Criminal Complaint No.191I/2015391
I/21/13 titled as "Murlidhar Vs. Rupesh
Sharma", which was upheld by the Appellate
Court i.e. Learned Additional Sessions Judge on
09.01.2025, in Criminal Appeal No.74/2024.
6. Perusal of the application and
grounds of revision, indicate that the petitioner
has an arguable case in his favour at this stage.
Accordingly, the substantive sentence imposed
on the petitioner accused in term of this
judgments dated 17.06.2024 passed by the Trial
Court i.e. Learned Judicial Magistrate First
Class, Kullu, District Kullu (H.P.), in Criminal
Complaint No.191I/2015391I/21/13, which
was affirmed on 09.01.2025 by Appellate Court
i.e. Learned Additional Sessions Judge, Kullu in
Criminal Appeal No.74/2024, shall remain
suspended, subject to the petitioner, depositing
30% of the balance amount of compensation and
furnishing personal bond to the tune of
Rs.50,000/ with one surety of the like amount
to the satisfaction of the Trial Court, within four
weeks from today.
7. List the matter before appropriate
Bench on 06.03.2025.
(Ranjan Sharma) Vacation Judge February 10, 2025 [Shamsh Tabrez]
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