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2025 DAILYLAW 16528 (HP)

Sukhbir Singh v. State of HP

CRMPM/1299/2025 · 2025-07-04

Rakesh Kainthla

body2025

Judgment text

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Sukhbir Singh vs. State of HP Cr. MP(M) No. 1299 of 2025 04.07.2025 Present: Mr. Mukesh Sharma, Advocate, for the petitioner. Mr. Ajit Sharma, Deputy Advocate General, for the respondent/State. Cr. MP(M) No. 1299 of 2025 Notice. Mr. Ajit Sharma, learned Deputy Advocate General, accepts notice on behalf of the respondent/State. The present application has been filed for condonation of 16 days’ delay in filing the appeal. It has been asserted that the applicant was in custody, when the copy was handed over to him. He handed over the copy of the judgment/order to his friend Prem Lal who assured to hand it over to the learned counsel for drafting the appeal, however, Mr. Prem Lal did not contact the counsel within time and supplied the documents to learned counsel on 31.05.2025; hence, the application. A perusal of the order imposing sentence passed by learned Trial Court shows that the applicant was taken in custody, therefore, his plea that he was inside the jail and could not contact the counsel is duly supported on record. Since, the delay had occurred due to the circumstance beyond the control of the applicant, therefore, the present application is allowed and the delay in filing the appeal is ordered to be condoned. The present application stands disposed of. Cr. Appeal No. ___ of 2025 Notice in the aforesaid terms. Appeal be registered. Copy of the appeal has been supplied. Record of learned Trial Court be requisitioned and the matter be listed thereafter. Cr.MP No. __ of 2025 (Cr.MPST No.4851 of 2025) Notice in the aforesaid terms. Reply, if any, be filed within a period of four weeks. In the present case, the applicant has been convicted vide judgment dated 17.03.2025 passed in CIS Reg. No.05 of 2020 and vide order dated 18.03.2025, he was sentenced to undergo rigorous imprisonment for two years each and was directed to pay a fine of ₹5,000/- each for the commission of offences punishable under Sections 20 and 29 of the ND&PS Act and in default of payment of fine, he shall further undergo simple imprisonment for two months. The substantive sentence of imprisonment awarded to the applicant by the learned Trial Court is two years. 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 Special Judge, Ghumarwin, District Bilaspur, H.P. 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 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 4th July, 2025 (saurav pathania)