Mohammad Mohin vs Pankaj Sharma Cr.MP(M) No.590 of 2025 26.03.2025 Present: Mr. R.S. Chandel, Advocate, for the applicant. Ms. Pooja Thakur, Advocate, vice Mr. Ravinder Singh Chandel, Advocate, for the respondent. In view of the no objection, made by learned counsel, appearing for the respondent, the application, under consideration, is allowed and the delay of 242 days in filing the accompanying criminal revision petition is ordered to be condoned. Application is, thus, disposed of. Cr. Revision No_____of 2025 2. Vide order of the even date, passed in Cr.MP(M) No.590 of 2025, the delay in filing the Criminal Revision has been ordered to be condoned. 3. Be registered. 4. Certain arguable points are involved in the present revision petition, as such, the same is admitted for hearing. 5. Let records of the learned trial Court, as well as, the learned Appellate Court, be requisitioned. Cr.MPST No.2032 of 2025 6. By way of the present application, under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’), the petitioner/applicant has sought the suspension of order of sentence, dated 07.08.2023, passed by the learned Addl. Chief Judicial Magistrate, Theog, District Shimla, H.P. (hereinafter referred to as ‘the trial Court’), in case No.158 of 2022, titled as, ‘Pankaj Sharma vs. Mohammad Mohin’, whereby, the learned trial Court, vide judgment of conviction and order of sentence dated 07.08.2023, has convicted the applicant for the commission of offence punishable under Section 138 of N.I. Act and sentenced him to undergo simple imprisonment for a period of one year and to pay amount of compensation of Rs. 3,00,000/-. 7. The said judgment of conviction and order of sentence has been affirmed by the learned Additional Sessions Judge, Rohru, (Camp at Theog), District Shimla, H.P. (hereinafter referred to as ‘the First Appellate Court’), vide judgment dated 19.07.2024, passed in Cr. Appeal No.167 of 2023, titled as, ‘Mohammad Mohin versus Pankaj Sharma’. 8. The applicant is stated to be undergoing the sentence as imposed by the learned trial Court, as such, considering the fact that the revision, will take sufficient long time, for its disposal, the applicant is ordered to be released on bail, by suspending the order of sentence dated 07.08.2023, during the pendency of the revision, however, the release of the applicant/suspension of the order, is subject to the following conditions:- (i) That the applicant shall furnish bail bond in the sum of Rs. 50,000/-, alongwith one surety of the like amount, to the satisfaction of the learned trial Court, within a period of four 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 Rs.30,000/-. (iii) That the applicant shall not leave the country without the prior permission of the Court. 9. The application is, thus, disposed of. 10. In view of the persuasive submissions made by the learned counsel appearing for the respondent, in addition to this, the learned counsel appearing for the applicant has given an undertaking to deposit 20% of the total amount of compensation in the learned trial Court within a period of two months from the date when he will be released on bail in pursuance to this order. 11. 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. (Virender Singh) Judge March 26, 2025 (subhash)