Kamlesh Chand Vs State of Hp and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

Kamlesh Chand Vs State of Hp and Anr. — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 208 days in filing the revision condoned; substantive sentence suspended till final disposal of the petition subject to deposit of 30% of the compensation amount (in addition to the amount already deposited) and furnishing personal bond of Rs.50,000/- with one surety in the like amount within four weeks; revision to be registered, records called for, and case listed on 05.01.2026.

Issue for consideration

Whether the delay of 208 days in filing the criminal revision should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

The delay of 208 days in filing the present revision has been sufficiently explained and is condoned.

Ratio / Principle

As the main case is pending adjudication, the substantive sentence imposed by the judgment of conviction and order of sentence dated 27.02.2024 (JMFC, Manali) affirmed on 24.03.2025 (Sessions Judge, Kullu) shall remain suspended till final disposal of the petition, subject to the applicant depositing 30% of the compensation amount (in addition to the amount already deposited) and furnishing a personal bond of Rs.50,000/- 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.

Detailed headnote1 paragraphs

Criminal revision — Condonation of delay — Application under Section 5 of the Limitation Act — Delay of 208 days in filing revision held sufficiently explained and condoned — Suspension of sentence — During pendency of revision against judgment of conviction and order of sentence dated 27.02.2024 passed by learned Judicial Magistrate First Class, Manali, District Kullu, H.P., affirmed by learned Sessions Judge, Kullu, HP on 24.03.2025, substantive sentence ordered to remain suspended till final disposal of petition, subject to applicant depositing 30% of compensation amount (in addition to amount already deposited) and furnishing personal bond of Rs.50,000/- with one surety in the like amount within four weeks, with undertaking to appear as directed and to surrender if petition is dismissed — Revision to be registered, records called for, case listed for 05.01.2026.

Kamlesh Vs. State of HP & anr.

Cr.MP(M) No.2591 of 2025

04.12.2025 Present:

Mr. Pranav Sharma, Advocate, for the applicantpetitioner.

Mr. Manoj Chauhan, Additional Advocate General, for respondent No.1/State.

Mr. Maan Singh, Advocate, for respondent No.2.

Cr.MP(M) No.2591 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 208 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 10020/25)

Be registered.

Call for the records. List on 05.01.2026.

Cr.MP No. of 2025

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 and order of sentence dated 27.02.2024 passed by the learned Judicial Magistrate First Class, Manali, District Kullu, H.P., and affirmed by learned Sessions Judge,

Kullu, HP, vide judgment dated 24.03.2025, 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.50,000/- 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.

( Sushil Kukreja ) Judge

December 04, 2025 (V.Himalvi)