Budh Ram Vs. State of HP Cr. Appeal No.532 of 2023 21.08.2026 Present: Ms. Sheetal Vyas & Ms. Tejasvi Thakur Advocates, for the applicant/appellant. Mr. Pawan Kumar Nadda, Additional Advocate General, for the respondent. Cr. MP No.2202 of 2026 This application has been filed for suspension of sentence awarded to applicant, who has been sentenced to undergo rigorous imprisonment for period of 12 years and to pay fine of Rs.1,20,000/- and in default of payment of fine to further go simple imprisonment for one year two months for commission of offence under Section 20(b)(ii)(c) of NDPS Act, for his (conviction vide judgment dated 15.09.2023, passed in case NDPS Act No.12 of 2022 titled State of HP Vs. Budh Ram passed by Special Judge, Mandi, Division Mandi for having been found in possession of 2.140 kg Charas. It has been submitted that during the pendency of appeal, applicant has already lost his valuable and golden period of life in detention and further that he was on bail during the pendency of trial and he never jumped over conditions of the bail and therefore, there is no possibility of absconding of the applicant-accused, in case, he is enlarged by suspending his sentence. It has been further submitted that applicant is 47 years old, who has also to look after his old aged parents and has a chance to reformation of his life and therefore, continuation of his detention during pendency of the appeal would not only cause the family members to suffer for no fault but would also have an adverse effect on the applicant/appellant, which would be an irreparable loss. As per custody certificate placed on record with the application as well as reply to the application, petitioner as on date has served sentence for a period of 3 years, 9 months out of 12 years awarded imprisonment. As an undertrial prisoner, there was presumption of innocence in favour of the applicant but now he is a convict, and therefore, his enlargement on bail as an undertrial prisoner of no help to the applicant because after conviction presumption of innocence does not remain in favour of the convict and thus, the application for suspension of sentence is to be considered on different parameters. Though sometime family circumstances may be relevant factor for suspension of sentence or for temporary suspension of sentence but in given facts and circumstances including the quantity of the Charas recovered in present case and also the elaborate reasons as well as grounds for passing judgment, (given by the trial Court) we do not find it a fit case to suspend the sentence of applicant at this stage. Accordingly, at this stage, application is dismissed. Any observation, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, became these observations are confined, only to the disposal of the present application. The application stands disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) August 21, 2026(Ritu) Judge