Mahender Pal Vs Jcc Bank and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

Mahender Pal Vs Jcc Bank and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 174 days in filing the revision petition condoned; revision petition admitted with notice to respondents (list on 12.12.2025); substantive sentence suspended till final disposal of the petition subject to deposit of 30% of the compensation amount within three weeks and furnishing personal bond of Rs. 50,000/- with one surety in the like amount.

Issue for consideration

Whether sufficient cause is made out for condonation of the delay of 174 days in filing the revision petition under Section 5 of the Limitation Act. +1 more

Court's answer

Sufficient cause having been made out on the averments in the application (particularly para-3 thereof), the delay of 174 days in filing the revision petition is condoned and the application under Section 5 of the Limitation Act is allowed.

Ratio / Principle

The main revision petition having been admitted for final hearing, the substantive sentence imposed upon the applicant/petitioner is ordered to remain suspended till final disposal of the petition, subject to depositing 30% of the compensation amount before the learned trial Court within three weeks.

Key takeaways

The suspension is further conditional on furnishing a personal bond in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of the learned trial Court within the same period, with an undertaking to appear as directed and to surrender to undergo sentence if the petition is dismissed.ratio¶25

Detailed headnote1 paragraphs

Criminal miscellaneous — Condonation of delay and suspension of sentence. On an application under Section 5 of the Limitation Act, the Court found sufficient cause (per para-3 of the application) and condoned the delay of 174 days in filing the revision petition challenging conviction vide judgment dated 04.09.2023 and order of sentence dated 19.09.2023 passed by the learned Judicial Magistrate First Class, Arki, District Solan, H.P., as affirmed by the learned Additional Sessions Judge-II, Solan, H.P. Camp at Arki, vide judgment dated 23.04.2025. The revision petition was admitted, records called for, and post-admission notice accepted by counsel for respondents No. 1 and 2 (list on 12.12.2025). In Cr. MPST No. 8430/2025, the substantive sentence was suspended till final disposal of the petition, subject to the applicant depositing 30% of the compensation amount before the trial Court within three weeks and furnishing a personal bond of Rs. 50,000/- with one surety in the like amount, with an undertaking to surrender if the petition is dismissed. Coram: Sushil Kukreja, Judge; order dated 19.11.2025.

Mahender Pal Vs. JCC Bank & Anr.

Cr. MP(M) No. 2545/2025

19.11.2025 Present:

Mr. Udit Shaurya Kaushik, Advocate, for the applicant/petitioner.

Mr. Shashwat Dadwal, Advocate, for respondent No. 1.

Mr. Manoj Chauhan, Additional Advocate General, for respondent No. 2/State.

Cr. MP(M) No. 2545/2025

The present application under Section 5 of the Limitation Act has been filed by the applicant for condonation of delay in filing the revision petition. The application is duly supported by an affidavit of the applicant.

Reply to the application has been filed, wherein, prayer for dismissal of the same has been made.

Heard. In view of the averments made in the application, more particularly in para-3 thereof, this Court finds sufficient cause to condone the delay of 174 days’ that has occurred in filing the revision petition.

Consequently, the present application is allowed and delay of 174 days’ that has occurred in filing the revision petition is condoned.

The application stands disposed of.

Cr. Revision No. /2025

Petition be registered.

...2...

Heard. Admit .

Call for the records.

Notice. Mr. Shashwat Dadwal, Advocate and Mr. Manoj Chauhan, learned Additional Advocate General, accept service of post admission notice on behalf of respondents No. 1 and 2, respectively.

List on 12.12.2025 .

Cr. MPST No. 8430/2025

Application be registered.

Heard. As the main petition has been admitted

for final hearing, it is ordered that the substantive sentence imposed upon the applicant/petitioner, vide judgment of conviction dated 04.09.2023 and order of sentence dated 19.09.2023, passed by the learned Judicial Magistrate First Class Arki, District Solan, H.P. and affirmed by learned Additional Sessions Judge-II Solan, H.P. Camp at Arki, vide judgment dated 23.04.2025, shall remain suspended till final disposal of the petition, subject to his depositing 30% of the compensation amount, before the learned trial Court within a period of three weeks’ and also furnishing personal bond

...3...

in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of learned trial Court within the same period, 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.

( Sushil Kukreja ) Judge

19^th November, 2025 (raman)