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2026 DAILYLAW 19398 (HP)

RITESH SHARMA v. STATE OF HP

CRMPM/1486/2026 · 2026-08-07

Rakesh Kainthla

body2026

Judgment text

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Ritesh Sharma Vs. State of HP Cr. MP(M) No. 1486 of 2026 7.8.2026 Present: Mr. Virender Singh, Advocate, for the petitioner. Mr. Ajit Sharma, Deputy Advocate General, for the respondent-State. Cr.MP(M) No. 1486 of 2026 No reply to the application is to be (led. It has been asserted that the applicant could not (le the appeal due to the paucity of funds and compensation and (ne of ₹56,000/- was imposed upon him by the learned Trial Court which was to be arranged. Hence the application. Heard. The plea taken by the applicant that the appeal could not be (led within time because of the paucity of funds is duly supported by an a2davit. Moreover, poverty cannot be a reason to deny the justice to a person; therefore, present application is allowed and the delay in (ling the appeal is ordered to be condoned. The present application stands disposed of. Cr. Appeal (C-SB) ST No. 6855 of 2026 The delay in (ling the appeal has been condoned vide separate order passed in Cr.MP(M) No.1486 of 2026. It be registered. Mr. Ajit Sharma, learned Deputy Advocate General appears and waives service of notice on behalf of the respondent-State. Copy of the appeal has been supplied to the learned Deputy Advocate General. Records be called for. Cr.MP (ST) No. 6858 of 2026 Application be registered. Notice in the aforesaid terms. Reply, if any, be (led within a period four weeks. The applicant was convicted and sentenced to undergo simple imprisonment for a period of six months and was directed to pay a (ne of ₹1,000/- (Rupees One Thousand) and in default of payment of (ne to further undergo simple imprisonment for a period of 15 days for the commission of an o;ence punishable under Section 279 of IPC; to undergo rigorous imprisonment for a period of two years and was directed to pay compensation of ₹50,000/- (Rupees Fifty Thousand) and in default of payment of compensation to further undergo simple imprisonment for a period of three months for the commission of an o;ence punishable under Section 304-A of IPC; and to undergo simple imprisonment for a period of three months and was directed to pay a (ne of ₹5,000/- (Rupees Five Thousand) and in default of payment of (ne to further undergo simple imprisonment for a period of 15 days for the commission of an o;ence punishable under Section 187 of MV Act by learend Additional Sessions Judge (1), Shimla, District Shimla, H.P. in Sessions Trial No.18-S/7 of 2022, dated 21.5.2026; All the sentences were ordered to run concurrently. Keeping in view the fact that the appeal is not likely to be heard at the earliest, as so many appeals are pending for its disposal, therefore, operation and execution of the substantive sentence of imprisonment imposed by learned Trial Court is ordered to be suspended till further orders. He be released, if not required in any other case, subject to his furnishing personal bond in the sum of ₹25,000/- with one surety in the like amount to the satisfaction of learned Trial Court and to deposit of the (ne amount, if not 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 to this Court, so furnished by the applicant before it, for placing the same on record. (Rakesh Kainthla) Judge 7th August, 2026 (Chander)