ASHWANI KUMAR vs THE STATE OF HIMACHAL PRADESH - 2024-01-02

O R D E R

Leave granted.

2. Heard learned counsel for the parties.

3. We are apprised at the time of hearing that the appellant has deposited a sum of Rs. 8 Lakhs in the Trial Court.

4. The complainant is represented by his learned Advocate. It is submitted on behalf of the complainant that once the said sum of Rs.8 Lakhs is paid to him, he would not press for further punishment. The State, however, wants the order of conviction to be left undisturbed.

5. Having regard to the special circumstances of this case and considering the stand of the complainant, we invoke our jurisdiction under Article 142 of the Constitution of India and quash the order of sentence to the extent the same still remains to be served out. The amount that was ordered to be paid as fine, if still remains unpaid, shall be paid to the victim/complainant as compensation, but shall be treated to be included in the sum of Rs.8 lakhs, which lies deposited in the Trial Court. We, however, are not making any direction as regards the period of imprisonment already undergone by the appellant.

6. We direct the Registry of Sessions Court at Hamirpur, Himachal Pradesh, to remit the sum of Rs.8 Lakhs deposited with them by the appellant with interest, if any, to the complainant/respondents, within two weeks from the date of communication of this order, upon their proper identification.

7. The bail bond of the appellant shall stand discharged.

8. The appeal is disposed of in the above terms.

9. Pending application(s), if any, shall stand disposed of.

………………………………………………..,J.

[ANIRUDDHA BOSE]

………………………………………………..,J.

[SANJAY KAROL]

NEW DELHI;

02ND JANUARY, 2024.

ITEM NO.54 COURT NO.5 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 9333/2023

(Arising out of impugned final judgment and order dated 09-07-2021 in CRA No. 109/2009 passed by the High Court Of Himachal Pradesh At Shimla)

ASHWANI KUMAR Petitioner(s)

VERSUS THE STATE OF HIMACHAL PRADESH & ANR. Respondent(s)

(IA No. 118178/2021 - EXEMPTION FROM FILING O.T.)

Date : 02-01-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Sanpreet Singh Ajmani, AOR Mr. Sanpreet Singh Ajmani, Adv.

Mr. Varun Mishra, Adv.

Mr. Sandeep Malik, Adv.

Mr. Amit Kumar, Adv.

For Respondent(s) Mr. Ketan Paul, AOR Ms. Shubhi Pandey, Adv.

Ms. Chakshu Purohit, Adv.

Mr. A. Venayagam Balan, AOR Mr. Gaurav Pal, Adv.

Mr. Ashray Behura, Adv. Mr. C.M. Sundaram, Adv.

Mr. Kiritkumar Govindadlal Sheth (Adv.)

Mr. Puneet Thankur, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(VARSHA MENDIRATTA) (VIDYA NEGI)

COURT MASTER (SH) ASSISTANT REGISTRAR

(Signed order is placed on the file)