Himachal Pradesh High Court

Murtu Devi & Others vs State Of H.P. on 6 May, 2025

Author: Virender Singh

Bench: Virender Singh

Murtu Devi & Others Versus State of H.P. Cr. Appeal No.187 of 2025 06.05.2025 Present: Mr. Sahil Thakur & Mr. Kshitij Thakur, Advocates, for the appellant.

Mr. Rohit Sharma, Deputy Advocate General for the respondent.

Admit. Call for the record.

Cr.MP No. 1672 of 2025

By way of the present application, under

Section 430 (1) of Bharatiya Nagarik Suraksha Sanhita

(hereinafter referred to as 'the BNSS'), the appellants/

applicants has sought the suspension of order of sentence,

dated 10.3.2025, passed by the learned Special Judge-I,

Kullu, District Kullu, H.P. (hereinafter referred to as 'the trial

Court'), in Session Trial No. 5 of 2016, titled as, 'State of

H.P. versus Murtu Devi & others', whereby the learned trial

Court, vide judgment of conviction, dated 7.3.2025, and

order of sentence dated 10.3.2025, has convicted the

applicants for the commission of offence, punishable under

Sections 420, and 120-B IPC, and sentenced them, as

under:

Sl. Name of Offence in which Sentenced for Fine imposed No. convict convicted imprisonment

1. Murtu Devi Under Section 420 Rigorous Rs.10,000/- and in IPC Imprisonment for default simple three years imprisonment for six months.

-do- Under Section Rigorous Rs.10,000/- and in 120-B IPC Imprisonment for default simple three years imprisonment for six months.

2. Nirat Singh Under Section 420 Rigorous Rs.10,000/- and in IPC Imprisonment for default simple three years imprisonment for six months.



     -do-              Under       Section Rigorous           Rs.10,000/- and in
                       120-B IPC           Imprisonment   for default     simple
                                           three years        imprisonment for
                                                              six months.


3.   Nirmala Devi      Under Section 420 Rigorous             Rs.10,000/- and in
                       IPC               Imprisonment     for default     simple
                                         three years          imprisonment for
                                                              six months.


     -do-              Under       Section Rigorous           Rs.10,000/- and in
                       120-B IPC           Imprisonment   for default     simple
                                           three years        imprisonment for
                                                              six months.

2. The accompanying appeal will take sufficient

long time for its disposal. According to the submissions

made by learned counsel for the applicants, order of

sentence dated 10.3.2025 has been suspended, by the

learned trial Court, enabling the applicants to file appeal.

3. Considering the aforesaid facts, operation of

order dated 10.3.2025, passed by the learned trial Court, is

ordered to be stayed, subject to the following conditions:

(i) That the applicants shall furnish personal bonds in the sum of Rs. 50,000/-, each, alongwith one surety each 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, they will surrender before the learned trial Court to serve the remainder substantive sentence;