Vishal Thapa Vs. State of H.P. Cr. Appeal No. 120 of 2024 14.08.2026 Present: Mr. Kameshwar Singh Dhaulta, Advocate, for the appellant. Mr. Raj Negi, Deputy Advocate General, for the respondent-State. Cr. MP No. 918 of 2026 This application has been filed for suspension of sentence awarded to the petitioner, Vishal Thapa, under Section 302 of the Indian Penal Code (in short, “IPC”), for committing the murder of his wife, in Case FIR No. 3 of 2019, registered at Police Station Rajgarh, District Sirmour, H.P. After his conviction vide judgment dated 30.03.2019, passed in Sessions Trial No. 15-ST/7 of 2019, titled State of H.P. Vs. Vishal Thapa, he has been sentenced vide order dated 03.08.2023, whereby he has been awarded sentence of life imprisonment. Learned counsel for the petitioner submits that petitioner, Vishal Thapa, is behind bars for more than 06 years and has small children and old-aged parents to look after and, therefore, keeping in view the period of detention and the fact that the hearing of the appeal may take place after considerable time, petitioner is entitled for suspension of sentence. Section 479 of the Bharatiya Nagarik Suraksha Sanhita (in short "BNSS") provides for enlargement on bail of accused after detention for 1/3 and 1/2, period of the maximum prescribed sentence, however, in the said Section, persons charged with offences punishable with life imprisonment have not been considered to be eligible for such relief. In the present case, petitioner, Vishal Thapa, has been convicted under Section 302 of the IPC and sentenced to life imprisonment. Therefore, we are unable to extend the benefit of Section 479 of the BNSS to the petitioner, Vishal Thapa. No other point has been urged/raised. In view of the aforesaid facts, we do not find it to be a fit case for suspension of sentence and, accordingly, the present application stands dismissed. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 14th August, 2026 (Shamsh Tabrez)