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2025 DAILYLAW 21480 (HP)

Hem Raj v. State of HP

CRMPM/1898/2025 · 2025-08-06

Virender Singh

body2025

Judgment text

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Hem Raj versus State of H.P. Cr. Revision No. of 2025 06.08.2025 Present: Mr. Munish Kumar, Advocate, for the petitioner. Mr. Tejasvi Sharma, Mr. H.S. Rawat, Mr. Varun Chandel, Additional Advocates General with Ms. Ranjna Patial, Deputy Advocate General, for the respondent. Cr. MP(M) No.1898 of 2025 Notice. Mr. Tejasvi Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent-State. Although, reply to the application has not been filed, however, the prayer as made in the application has been opposed. Keeping in view the averments made in the application, the same is allowed and the 25 days’ delay as occurred in filing the main petition is condoned. The application stands disposed of. Cr. Revision No. of 2025. Be registered. There are certain arguable points involved in the present petition, as such, before proceeding further, record of learned trial Court as well as, learned Appellate Court be requisitioned, for the next date of hearing. List on 17th September, 2025. Cr.MPST No.6868/25 Petitioner-Hem Raj has filed the present revision petition against the judgment dated 19.03.2025 passed by the Court of learned Additional Sessions Judge, Palampur, District Kangra, H.P. (hereinafter referred to as ‘the Appellate Court’), in Criminal Appeal No.55- P/X/2023/2015, titled as Hem Raj versus State of Himachal Pradesh. Vide judgment dated 19.03.2025, the learned Appellate Court has dismissed the appeal filed by petitioner Hem Raj, against the judgment of conviction and order of sentence, dated 21.05.2015, passed by the Court of learned Additional Chief Judicial Magistrate, Palampur, District Kangra (hereinafter referred to as ‘the trial Court’), in Criminal Case No.14-II/2009, titled as State of Himachal Pradesh versus Hem Raj. Vide judgment of conviction and order of sentence, dated 21.05.2015, the learned trial Court, has convicted the petitioner for the offences punishable under Sections 341, 325 and 506 of the IPC and sentenced him as under:- Section Imprisonment Fine In default of payment of fine, convict shall further undergo Section 341 of IPC – Rs.500/- Simple imprisonment for seven days Section 325 of IPC Rigorous imprisonment for one year. Rs.2,000/- Simple imprisonment for three months Section 506 of IPC Simple imprisonment for six months – -- Learned trial Court has also directed that all the sentences shall run simultaneously and concurrently. Since the disposal of the revision, filed by the petitioner, against the judgment of conviction and order of sentence, as referred to herein-above, will take sufficient long time, as such, the order of sentence dated 21.05.2015, is suspended during the pendency of the revision, subject to the following conditions: (i) That the applicant shall furnish personal bond in the sum of Rs.50,000/-, along with one surety of the like amount, to the satisfaction of the learned trial Court, within a period of six weeks from today, with an undertaking that in the event of final dismissal of the revision petition, he will surrender before the learned trial Court to serve the remainder substantive sentence; ii) That the applicant shall deposit the amount of fine, with the learned trial Court, within a period of four weeks from today, if not already deposited by the applicant. iii) That the applicant shall not leave the country, without prior permission of the Court. The application is, thus, disposed of. A copy of this order be sent to the learned trial Court, with the direction that the report of compliance of this order be submitted to this Court on or before the next date of hearing. Cr.MPST/6870/2025 The application is disposed of with a direction to the applicant-petitioner to file the certified copy of the learned trial Court judgment within a period of six weeks, from today. [ (Virender Singh) Judge August 06, 2025 (ps)