Dil Bahadur Vs State of Hp — Himachal Pradesh HC (2025) — LawSathi Research

Dil Bahadur Vs State of Hp — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as not pressed; liberty granted to the appellant to approach the learned Trial Court for modification of the order under Section 446(3) Cr.P.C. corresponding to Section 491(3) BNSS; Trial Court to adjudicate uninfluenced by the appeal; records to be sent back forthwith; pending miscellaneous applications disposed of.

Issue for consideration

Whether the penalty imposed by the learned Trial Court should be modified in view of the subsequent development, namely the arrest of the main accused at the instance of the surety, and before which forum that relief lies.

Court's answer

The present appeal is dismissed as not pressed, the appellant's counsel having stated that he would approach the learned Trial Court for modification of the order.

Ratio / Principle

The appellant is at liberty to approach the learned Trial Court for modification of the order in view of the subsequent development under Section 446(3) of Cr.P.C. corresponding to Section 491(3) of BNSS.

Key takeaways

The learned Trial Court shall adjudicate the matter without being influenced in any manner by the filing of the appeal before this Court and its adjudication by this Court.ratio¶¶15

Detailed headnote1 paragraphs

Criminal appeal (Cr. Appeal No. 487 of 2025) against the penalty imposed by the learned Trial Court, filed by appellant Dil Bahadur, dismissed as not pressed. Counsel for the appellant stated that the main accused had been arrested at the instance of the surety pursuant to the order dated 15.9.2025 of the learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmour, H.P., and that he would approach the Trial Court for modification. The Court recorded the State's submission that the remedy lay in moving the learned Trial Court for modification under Section 446(3) of Cr.P.C., corresponding to Section 491(3) of the Bharatiya Nayaya Suraksha Sanhita, 2023 (BNSS), and granted the appellant liberty to seek modification in view of the subsequent development. The learned Trial Court is to adjudicate the matter without being influenced in any manner by the filing and adjudication of the appeal. Records directed to be sent back forthwith; pending miscellaneous applications disposed of. Not approved for reporting.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

Cr. Appeal No. 487 of 2025 Date of Decision: 9.10.2025

Dil Bahadur ...Appellant.

Versus

State of H.P. ...Respondent.

Coram

*Hon’ble Mr Justice Rakesh Kainth*	la,*Judge.*
*Whether approved for reporting?*¹	No
For the Appellant :	Mr. Servedaman Rathour, Advocate.
For the Respondent/State :	Mr. Jitender Sharma, Additional Advocate General.

Rakesh Kainthla, Judge (Oral):

It has been submitted on behalf of the appellant that the main accused has been arrested at the instance of the surety as per the order dated 15.9.2025, passed by learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmour, H.P.

Learned counsel for the appellant has submitted that in

view of the subsequent development, the penalty imposed by the learned Trial Court be modified.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2

Mr. Jitender Sharma, leaned Additional Advocate General for the respondent-State submitted that the remedy of the appellant lies for modification of the order before the learned Trail Court under Section 446(3) of Cr.P.C. corresponding to Section 491(3) of Bharatiya Nayaya Suraksha Sanhita, 2023 (BNSS).

Learned counsel for the appellant submitted that he will approach the learned Trial Court for modification of the order. . 5. Hence, in view of this, the present appeal is dismissed as not pressed. The appellant is at liberty to approach the learned Trial Court for modification of the order in view of the subsequent development under Section 446(3) of Cr.P.C. corresponding to Section 491(3) of BNSS and the learned Trial Court shall adjudicate the matter without being influenced by any manner from filing of the appeal before this Court and adjudication of the same by this Court.

A copy of this judgment, along with the records of the learned Trial Court, be sent back forthwith. Pending miscellaneous application(s), if any, also stand(s) disposed of.

9^th October, 2025 (Nikita)

( Rakesh Kainthla) Judge