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2026 DAILYLAW 22884 (HP)

MALKI v. STATE OF HP

CRMPM/1798/2026 · 2026-09-14

Rakesh Kainthla

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Malki vs State of H.P. Cr.MP(M) No. 1798 of 2026 14.09.2026: Present: Mr. N.K. Thakur, Senior Advocate with Mr. Karan Sadyal, Advocate, for applicant. Mr. Tarun Pathak, Deputy Advocate General, for the respondent. Notice. Mr. Tarun Pathak, learned Deputy Advocate General, accepts notice on behalf of respondent. Learned Deputy Advocate General submits that he does not want to file any reply to the application and he has no objection in case, the present application is allowed. In view of above, the present application is allowed and the delay of 172 days in filing the present appeal is ordered to be condoned. The application stands disposed. Cr. Appeal (C-SB) No. of 2026 [Cr.A(C-SB) ST No. 8060 of 2026] Notice in the aforesaid terms. The delay in filing the present application has been condoned as per order passed in Cr.MP(M) No. 1798 of 2026. It be registered. Let the record of the learned trial Court be requisitioned. Cr.MP No. of 2026(Cr.MPST No.8064 of 2026). Notice in the aforesaid terms. Perusal of the record shows that the learned trial Court has awarded maximum sentence of three years to the applicant and also considering the fact that the appeal is not likely to be heard soon as many criminal appeals are pending for disposal. Hence, in these circumstances, the operation and execution of the substantive sentence of imprisonment imposed by learned Special Judge-cum- Principal Judge, Family Court, Kangra at Dharamshala, District Kangra, H.P.. vide judgment dated 09.01.2026 and order of setence dated 13.01.2026 passed in RBT case No. 27- D/VII/2023/2020 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 to the satisfaction of learned trial Court and the deposit of the fine amount, if not deposited earlier within a period of one month from today, with an undertaking to appear before this Court as and when directed to do so and surrender before the learned trial Court to serve sentence, in case of dismissal of the present appeal. Learned Trial Court is directed to transmit the bail bonds, so furnished by the applicant before it, for placing the same on record. Learned Additional Advocate General, for the respondent/State prays for and is granted four weeks’ time to file reply. List thereafter. ( Rakesh Kainthla ) Judge 14th September, 2026 (Ravinder)