Naresh Kumar Vs Vishal Sood — Himachal Pradesh HC (2025) — LawSathi Research

Naresh Kumar Vs Vishal Sood — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 14 days in filing the revision condoned; revision ordered to be registered and notice issued (accepted by Mr. Rajat, Advocate, for the respondent); records called; substantive sentence suspended till final disposal of the petition subject to deposit of 30% of the compensation amount before the learned trial Court (in addition to the amount already deposited) and furnishing personal bond of Rs.25,000/- with one surety in the like amount within four weeks; applicant directed to file certified copy of the trial Court judgment before the next date; matter listed on 12.12.2025.

Issue for consideration

Whether the delay of 14 days in filing the criminal revision should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

Delay of 14 days in filing the revision is condoned, the Court finding it sufficiently explained for the reasons stated in the application.

Ratio / Principle

The substantive sentence imposed by the trial court and affirmed by the Sessions Judge shall remain suspended till final disposal of the petition, subject to the applicant depositing 30% of the compensation amount before the learned trial Court (in addition to the amount already deposited) and furnishing a personal bond of Rs.25,000/- with one surety in the like amount within four weeks, with an undertaking to appear as directed and to surrender if the petition is dismissed.

Key takeaways

The applicant/petitioner is directed to file a certified copy of the judgment of the trial Court before the next date of hearing.ratio¶27

Detailed headnote1 paragraphs

Criminal revision against conviction and sentence: delay of 14 days in filing the revision condoned under Section 5 of the Limitation Act, the Court holding it sufficiently explained. Revision ordered to be registered and notice issued to the respondent, with records called and the matter listed on 12.12.2025. The substantive sentence imposed by the learned Additional Judicial Magistrate, Court No.1, Shimla (judgment of conviction dated 05.09.2024 and order of sentence dated 18.09.2024) and affirmed by the learned Sessions Judge, Shimla (judgment dated 19.06.2025), was suspended till final disposal of the petition, subject to the applicant depositing 30% of the compensation amount before the trial Court (in addition to the amount already deposited) and furnishing a personal bond of Rs.25,000/- with one surety in the like amount within four weeks, undertaking to appear as directed and to surrender if the petition is dismissed. The applicant was further directed to file a certified copy of the trial Court judgment before the next date of hearing.

Naresh Kumar

Vs. Vishal Sood

Cr.MP(M) No.2420 of 2025

11.11.2025 Present:

Mr. Vivek Thakur, Advocate vice Mr. Hemant Kumar Thakur, Advocate, for the applicant-petitioner.

Mr. Ashok Sood, Senior Advocate with Mr. Rajat, Advocate, for the respondent.

Cr.MP(M) No.2620 of 2025

The present application has been filed by the applicant-petitioner under Section 5 of the Limitation Act for condonation of delay in filing the revision.

No reply to the application is intended to be filed.

Heard. For the reasons stated in the application, the

same is allowed and delay of 14 days in filing the present revision, which in my considered view has sufficiently been explained, is hereby condoned.

The application stands disposed of.

Cr. Revision No.____/2025 (CR.RST 9078/25)

Be registered.

Notice. Mr. Rajat, Advocate, accepts notice on behalf

of the respondent.

Call for the records.

List on 12.12.2025.

Cr.MP No. 2025 ( CRMPST9079/25)

It be registered.

Heard. As the main case is pending adjudication, it is

ordered that the substantive sentence imposed upon the applicantpetitioner, vide judgment of conviction dated 05.09.2024 and

order of sentence dated 18.09.2024 passed by the learned Additional Judicial Magistrate, Court No.1, Shimla, HP, and affirmed by learned Sessions Judge, Shimla, District Shimla, HP, vide judgment dated 19.06.2025, shall remain suspended till final disposal of the petition, however, subject to the applicant’s depositing 30% of the compensation amount before the learned trial Court, in addition to the amount already deposited by him and also furnishing personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned trial Court, within a period of four weeks from today, undertaking therein to appear in the Court as and when directed and in the event of the dismissal of the petition, the applicant will surrender before the Court to undergo sentence, if any, imposed by the Court.

The application stands disposed of.

Cr.MP No. 2025 (CRMST 9080/25)

Application be registered.

The application is disposed of with a direction to the applicant/petitioner to file certified copy of the judgment of the trial Court before the next date of hearing.

( Sushil Kukreja ) Judge

November 11, 2025

(V.Himalvi)