2020 (10) TMI 1250 - HC - Indian Laws

Maintainability of petition - HELD THAT - Subject to deposit of ₹ 3,50,000/-, in the Registry of this Court within eight weeks from today, in addition to any other amount, if any, deposited in the trial Court, sentence imposed upon the petitioner vide judgment dated 5.5.2016 by learned Additional Chief Judicial Magistrate, Court No.1, Sundernagar, District Mandi, HP in Criminal Complaint No. 198-1/2014 and affirmed by learned Additional Sessions Judge, Sundernagar, District Mand - The bail bonds, so furnished by applicant/petitioner, shall be transmitted to the Registry of this Court for placing the same on record. Alteration/vacation/modification on motion. Application disposed off.

Summary

Issues Involved:
Suspension of sentence pending revision petition, deposit amount required for suspension of sentence, furnishing of personal bond, transmission of bail bonds to the Court.

Analysis:
The judgment delivered by Hon'ble Mr. Justice Sandeep Sharma of the Himachal Pradesh High Court pertains to a criminal matter. The court, after hearing the case, ordered that the sentence imposed on the petitioner in a previous judgment by the Additional Chief Judicial Magistrate and affirmed by the Additional Sessions Judge would be suspended during the pendency of the main revision petition. However, this suspension was subject to the petitioner depositing a sum of ?3,50,000 in the Court's registry within eight weeks. The petitioner was also required to furnish a personal bond of ?50,000 with one surety of the same amount to ensure their presence in court as directed and to surrender in case the revision petition was dismissed.

Moreover, the judgment specified that any other amount previously deposited in the trial court should also be considered. The bail bonds provided by the petitioner were to be sent to the Court's registry for record-keeping. The judgment concluded by stating that any alterations, vacation, or modifications could be requested as needed. The application was disposed of, and a copy was to be provided to the concerned parties as per usual terms. This comprehensive analysis highlights the key aspects of the judgment, including the conditions for suspending the sentence, the deposit amount, the requirement of a personal bond, and the procedural aspects related to the bail bonds.