Himachal Pradesh High Court
Jai Kumar vs . State Of H.P. on 9 December, 2024
Author: Sushil Kukreja
Bench: Sushil Kukreja
Jai Kumar Vs. State of H.P. Cr. Appeal No. 599/2024 09.12.2024 Present: Mr. Naresh K. Sharma, Advocate, for the appellant.
Mr. Navlesh Verma, Additional Advocate General with Mr. Raj Negi, Deputy Advocate General, for the respondent/State.
Cr. MP No. 4818/2024 The present application has been filed by the applicant under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") for suspension of sentence during the pendency of the present appeal.
2. In the reply filed by the respondent/State, it has been averred that the offence committed by the applicant is against the interest of the society, as such, he deserves no leniency. Moreover, the applicant has been convicted after full fledged trial, hence, prayer for dismissal of the application has been made.
3. I have heard the learned counsel for the applicant/appellant, learned Additional Advocate General for the respondent-State and also gone through the material available on record.
4. Vide judgment of conviction/order of sentence dated 05.10.2024, passed by the learned Special Judge (II), Solan, District Solan, H.P., the applicant/appellant has ...2...
been convicted for commission of the offence punishable under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act") and he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 25,000/- for possessing 68 grams of heroin, which is an intermediate quantity.
5. The appeal pertains to the year 2024 and the same is not likely to be taken up for hearing in the near future. It is not in dispute that the applicant was on bail during trial and never misused the liberty so granted to him.
6. Keeping in view the facts and circumstances of the case and also the fact that the main appeal stands admitted for hearing, it is ordered that the substantive sentence imposed upon the applicant/appellant, vide judgment of conviction/order of sentence dated 05.10.2024, passed by the learned Special Judge (II), Solan, District Solan, H.P., shall remain suspended, till final disposal of the appeal, however, subject to the applicant's furnishing personal bond in the sum of Rs.1,00,000/- with two sureties in the like amount to the satisfaction of learned trial Court and also depositing the ...3...
fine amount, if not already deposited, within a period of two weeks from today, undertaking therein to appear in the Court as and when directed and in the event of the dismissal of the appeal, the applicant will surrender before the Court to undergo sentence, if any, imposed by the Court.
7. However, it is made clear that the applicant shall not indulge himself in the same crime and maintain good social behaviour, or else, this order shall be liable to be cancelled.
8. The application stands disposed of. Cr. Appeal No. 599/2024
Since the appeal already stands admitted, list for final hearing in due course.
( Sushil Kukreja ) Judge 9th December, 2024 (raman)