Kirpa Ram vs . State Of Hp on 27 January, 2025

Himachal Pradesh High Court

Kirpa Ram vs . State Of Hp on 27 January, 2025

Kirpa Ram Vs. State of HP

Cr. Appeal No. 67 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. 377 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 rigorous imprisonment for a period of six months

and was directed to pay a fine of ₹2,000/-(Rupees Two

Thousand) and in default of payment of fine to further

undergo rigorous imprisonment for a period of one month

for the commission of an offence punishable under Section

20(b)(ii)(A) and 29 of ND&PS Act and to undergo rigorous

imprisonment for a period of six months and to pay a fine

of ₹2,000/-(Rupees Two Thousand) and in default of

payment of fine to further undergo imprisonment for a

period of one month for the commission of an offence
punishable under Section 25 of ND&PS Act by learned

Special Judge-II, Chamba, District Chamba, H.P. in Case No.

46 of 2020, dated 19.12.2024. Both 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)