ISHWAR DAYAL ENTERPRISES AND OTHERS Vs. ULTRATECH PHARMACEUTICALS

JUDGEMENT

(1.) The instant petition is directed against the orders pronounced, on, 5.9.2017 by the learned Additional Sessions Judge-1 Solan, H.P. camp at Nalagarh, whereby he, while proceeding to suspend the execution of sentence(s) of imprisonment imposed upon the petitioner/convict, ordered him, to deposit a sum of Rs. 3,00,000/-, besides directed him to furnish personal and surety bond(s) in the sum of Rs. 50,000/- each. Meteing compliance(s) therewith by the petitioner/convict, was, imperative for the orders recorded by the learned appellate Court, whereby, it temporarily suspended the execution of sentence(s) of imprisonment imposed upon him, by the learned trial Magistrate, hence taking absolute binding effect, during, the pendency of the criminal appeal bearing No. 18 of 2017, before the learned Additional Sessions Judge, Solan, H.P. However, the petitioner has not meted compliance therewith, rather he has proceeded to assail the aforesaid directions, pronounced upon him, by his motioning this Court through the instant petition.

(2.) The learned counsel for the petitioner/convict has drawn the attention of this Court, to a verdict pronounced by Hon'ble Apex Court in titled as Dalip S. Dahanukar versus Kotak Mahindra Co.Ltd. and another, 2007 6 SCC 528, paragraph 72, whereof is extracted hereinafter:

(3.) A thorough incisive reading of the judgment supra, rendered by Hon'ble Apex Court, pertinently the trite orders assailed before it, orders whereof stand extracted hereinafter: