Himachal Pradesh High Court
Rakesh Kumar And Others vs . State Of Hp on 27 January, 2025
Rakesh Kumar and others Vs. State of HP
Cr. Appeal No. 69 of 2025
27.01.2025 Present: Mr. Kulbhushan Khajuria, Advocate, for the
appellant.
Mr. Manoj Chauhan, Additional Advocate
General, for the respondent-State.
Mr. Manoj Chauhan, learned Additional
Advocate General appears and waives service of notice
on behalf of the respondent-State. He prays for and is
granted two weeks’ time to file reply/status report.
Record of the learned Court below be
requisitioned.
Cr.MP No. 379 of 2025
Notice in the aforesaid terms.
Reply, if any, be filed within a period four
weeks. The applicant was convicted and sentenced to
undergo imprisonment for a period of two years and
was directed to pay a fine of ₹5,000/-(Rupees Five
Thousand) and in default of payment of fine to further
undergo imprisonment for a period of three months
for the commission of an offence punishable under
Section 325 of read with Section 34 of IPC, to undergo
imprisonment for one year and to pay fine of ₹5,000/-
(Rupees Five Thousand) and in default of payment of
fine to further undergo imprisonment for a period of
two months for the commission of an offence
punishable under Section 323 read with Section 34 of
IPC and to undergo imprisonment for one year and to
pay a fine of ₹5,000/-(Rupees Five Thousand) and in
default of payment of fine to further undergo
imprisonment for a period of two months for the
commission of an offence punishable under Section
427 read with Section 34 of IPC by learned Additional
Sessions Judge, Rohru, District Shimla, H.P. in Case No.
947 of 2023 (Regd. No. 4 of 2023), dated 27.12.2024. All
the sentences of imprisonment were ordered to run
concurrently.
Keeping in view the huge pendency of cases
and the time required for the transmission of the
record from the learned Trial Court, the appeal is not
likely to be heard soon, therefore, operation and
execution of the substantive sentence of imprisonment
imposed by learned Trial Court is ordered to be
suspended till further orders, subject to his furnishing
personal bond in the sum of ₹25,000/- with one surety
in the like amount and to deposit of the fine amount, if
not already deposited earlier, with an undertaking to
appear and serve sentence, in case of dismissal of the
present appeal, within a period of one month from
today.
Learned Trial Court is directed to transmit
the bail bonds, so furnished by the applicant before it,
for placing the same on record.
(Rakesh Kainthla)
Judge
January 27th 2025
(Chander)
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