KULWINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) NOTICE . Mr. H.K.S. Thakur, Additional Advocate General accepts notice on behalf of the respondent -State. Heard. Admit.

(2.) CONSEQUENT upon trial of the petitioner (accused) for the offences under Sections 279, 337 and 338 IPC and Sections 177 and 185 of the Motor Vehicles Act, which ended in conviction and imposition of sentence of simple imprisonment for three months and fine of Rs. 500 (rupees five hundred) and in default to suffer further simple imprisonment for one month under Section 279 IPC, simple imprisonment for three months and fine of Rs. 500/ - (rupees five hundred) and in default to undergo further simple imprisonment for one month under Section 337 of IPC, simple imprisonment for six months and fine of Rs. 1,000/ - (rupees one thousand only) and in default to further undergo simple imprisonment for one month under Section 338 of IPC and fine of Rs. 100/ - (rupees one hundred) and in default to undergo simple imprisonment for three days under Section 177 of the Motor Vehicles Act, with stipulation that all the substantive sentences of imprisonment would run concurrently, vide judgment/order dated 21.12.2012/24.12.2012 passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala, H.P. and the challenge laid by the accused against the said judgment/order in the Court of Sessions, having been unsuccessful, the accused is before this Court in revision. The revision petition stands admitted which shall take its own course for coming on Board for final disposal. In such circumstances, it shall be expedient and in the interest of justice in case operation and execution of the substantive sentences of imprisonment imposed upon the accused by the learned trial Court, as upheld by the learned First Appellate Court, is suspended till disposal of the main Revision Petition. Ordered accordingly. However, it shall be subject to the accused depositing the amount of fine, if not already deposited, and furnishing of a personal bond in the sum of Rs. 10,000/ - (rupees ten thousand only) with one surety in the like amount to the satisfaction of the learned trial Court within thirty days from today, undertaking that in case he does not succeed before this Court, he shall appear and receive sentences.

(3.) SUBJECT to filing of certified copies of the trial Court judgment/order dated 21.12.2014/24.12.2014 as well as list of exhibits and witnesses within six weeks from today, the application is disposed of.