Extracted from the PDF above. The PDF is authoritative.
State of H.P. Vs. Mohd. Usman @ Sahil and Ors. Cr. Appeal No. 484 of 2015
16.07.2026 Present: Mr. Gautam Sood, Deputy Advocate General, for
the appellant/State. Mr. R. R. Rahi, Advocate, for respondent No.1. Ms. Preeti Thakur and Ms. Tamana Sharma,
Advocates, vice Ms. Rachna Kuthiala, Advocate, for
respondents No. 2, 3 and 5. Respondent No. 6 declared Proclaimed Offender. Ms. Priyanka, Advocate, vice Mr. G. R. Palsra,
Advocate, for respondent No. 7. Cr. MP No. 2943 of 2026 This application has been filed on behalf of respondent No. 1 Mohd. Usman @ Sahil, for cancellation of non-bailable warrants issued against him returnable on
28.07.2026. It has been submitted on behalf of the applicant/ respondent No.1 that he had engaged Mr. Arun Roy and Mr. Tanuj Thakur, Advocates, to represent him in this matter and for this purpose, he had executed Vakalatnama in favour of aforesaid counsels engaged by him. It has further been submitted that for the best reasons known to the aforesaid Advocates, they did not appear in the appeal nor they informed him about the status of the appeal or asked him to appear in the Court. It has been submitted that applicant/ respondent No. 1 had also providing mobile
numbers to the Advocates, but neither he could contact with the Advocates nor his Advocates contacted him and in such confusion, for absence of representation on behalf of applicant/ respondent No. 1, non-bailable warrants have been issued against him. It has been submitted that the moment, applicant/respondent No. 1 came to know that the police was searching for him to arrest and produce him before this Court, he immediately rushed to Shimla and has engaged fresh counsel, through whom the present application has been filed. It has further been submitted that after acquittal of applicant/respondent No. 1 by the Trial Court, when he received notices of the present appeal, he had approached the counsel for his representation. He never tried to evade the service or disobey the order passed by the Court. It has further been submitted that applicant/ respondent No. 1 is ready to furnish personal bond as well as surety bond to the satisfaction of the Court, for assuring his presence during the pendency of the appeal, as and when directed and also to undertake to surrender to serve the sentence, in case, appeal is allowed.
Considering the aforesaid submissions made by learned counsel for the applicant/respondent No.1, non-bailable warrants issued against applicant/respondent No. 1, vide order dated 03.06.2026, are recalled unexecuted and applicant/
respondent No. 1 is directed to furnish bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the Registrar (Judicial)/Additional Registrar ( Judicial) during the course of the day, undertaking therein to appear in the Court as and when directed to do so and also to surrender, in case appeal is allowed, to serve the sentence. Registry is directed to issue necessary directions to the concerned agencies for recalling non-bailable warrants unexecuted after furnishing bail bonds by and on behalf of applicant/respondent No. 1 in aforesaid terms. Application is allowed and disposed of in aforesaid terms. Cr. Appeal No. 484 of 2015 Power of attorney on behalf of respondent No. 1 stands filed. List on 28.07.2026, the date already fixed with a reminder to the respondent-State to take consequential steps regarding respondent No. 6 post his declaration as Proclaimed Offender. ( Vivek Singh Thakur )
Judge
( Ranjan Sharma )
Judge 16th July, 2026 (sushma)