Vivek Kumar alias Gullu versus State of Himachal Pradesh Cr. Appeal No.61 of 2024 24.03.2026 Present: Mr. Vijay Thakur, Advocate vice Mr. Sanjeev K. Suri, Advocate, for the appellant. Mr. J.S. Guleria, Deputy Advocate General, for the respondent-State. Cr.MP No.993 of 2026 This application has been filed for suspension of sentence imposed upon the appellant pursuant to his conviction vide judgment dated 23.02.2024, passed by learned Additional Sessions Judge, Nurpur, District Kangra, H.P. in Sessions Case No.157- VII/I/2014/2023, titled State of H.P. versus Vivek Kumar alias Gullu, whereby the applicant has been sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- and in default of payment of fine, to further undergo simple imprisonment for six months, for the commission of an offence punishable under Section 325 of the Indian Penal Code. Learned counsel for the applicant- appellant, while referring to the provisions of Section 479 of Bhartiya Nagrik Suraksha Sanhita, has submitted that applicant-appellant is a first- time offender and he has already served not only one-third period of sentence but half of the sentence imposed, and there is no likelihood of hearing of the appeal in near future. However, the maximum prescribed sentence for the commission of offence under Section 325 of the Indian Penal Code is up to seven years. Two years period of sentence is neither one-half nor one-third of the prescribed sentence. Therefore, application on this ground is misconceived. Accordingly, the application is dismissed. (Vivek Singh Thakur) Judge (Ranjan Sharma) March 24, 2026 Judge [Shivender]