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Judgment
Accused Raj Kumar produced in the custody of CT Abbas Mlaik 125 Ct. Amit 396 (Nalagarh Jail), accused Hem Raj produced in the custody of HC Kulvinder Singh 70, Ct. Blawant Singh 817 (Model Centre Jail Kanda) and accused Chheti Ram produced in the custody of HC Sarwan 155 and Ct. Navneet 604 (MC Jail Kanda) with SI Rakesh Kumar Police Station West Shimla.
On 30.11.2024, the Court passed the following order:-
“Respondent No.1-Raj Kumar, respondent No.2-Hem Raj and respondent No.5-Chheti Ram are serving their sentence in Model Central Jail, Kanda in sequel to their conviction in another case, vide judgment/order dated 30.3.2021/31.03.2021, passed by learned Sessions Judge-
II, Shimla, District Shimla, H.P., in Sessions Trial No. 23-S/7 of 2015 (CNR No. HPSH100002702015), titled as State of H.P. Vs. Raj Kumar and others, registered for the commission of offences punishable under Sections 302 and 396 read with Section 34 of IPC at Police Station West, District Shimla, HP.
Criminal Appeal No. 185 of 2021, preferred by respondents No.1, 2 and 5, is also pending adjudication before this Court, wherein, they are duly represented by Mr. Vivek Sharma, Advocate.
Respondents No.1, 2 and 5 are directed to be produced in the Court, by making appropriate arrangement by the Jail Superintendent concerned, on the next date of hearing. Registry is directed to take appropriate steps in this regard.
Service of respondents No. 3 and 4, as per appellant/State, is not processed and, therefore, Union of
India has been directed to take appropriate steps to this effect and place on record instructions with regard to the mode and manner respondents No.3 and 4 can be brought in India, if they are residing in Nepal.
Learned Senior Panel Counsel prays for and is granted three weeks’ time to have instructions in this regard.
In the11 meanwhile, appellant/State is also directed to take appropriate steps in accordance with law in respect to respondent No.3-Ashok Thapa and respondent No.4-Nirmal Budha alias Naveen with respect to their last known addresses in India.
List for consideration on 30.12.2024.”
Respondents No. 1, 2 and 5 i.e. Raj Kumar, Hem Raj and and Chetti Ram are produced in the custody of CT Abbas Mlaik 125, Ct. Amit 396 (Nalagarh Jail), HC Kulvinder Singh 70, Ct. Blawant Singh 817 (Model Centre Jail Kanda), HC Sarwan 155 and Ct. Navneet 604 (MC Jail Kanda).
Learned Counsel for respondents No. 1, 2 and 5 states that henceforth, he will be appearing for these respondents.
List on 10.03.2025. In the meanwhile, State to take appropriate action for the service of respondents No. 3 and 4.
Accused/respondents No. 1, 2 and 5 i.e. Raj Kumar, Hem Raj and Chheti Ram are ordered to be taken back to the respective jails.