IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr MP No: 4738 of 2025 in Criminal Appeal No: 556 of 2023. Decided on: 03.03.2026 ____________________________________________________________ Ravi Hans ...Applicant-Appellant Versus State of Himachal Pradesh …Respondent. Coram: Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge 1 Whether approved for reporting? No. For the petitioner: Mr. Ravi Tanta and Mr. George, Advocates For the respondent: Mr. Raj Negi, Deputy Advocate General. Ranjan Sharma, Judge Applicant-appellant (Ravi Hans), a convict undergoing sentence under Section 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances, Act [referred to as NDPS Act, herein] has moved the instant application under Section 430 of the Bhartiya Nagrik Suraksha Sanhita, 2023 [referred 1 Whether reporters of Local Papers may be allowed to see the judgment? - 2 - to as BNSS, herein] for suspension of sentence with the prayer for releasing him on bail, during the pendency of the appeal i.e. Criminal Appeal No. 556 of 2023. 2. Briefly, the accusation originated from F.I.R. No. 0001/2021 dated 01.01.2021 under Section 20 and 29 of the Narcotic Drugs and Psychotropic Substances, Act registered with Police Station Bhoranj, District Hamirpur (HP), against three accused namely, Datti Ram, Khem Singh and Ravi Hans (applicant herein). The accused were put to trial in Sessions Trial No. 24 of 2021 and the Learned Special Judge Hamirpur in terms of the judgement dated 11.11.2022 convicted all three accused vide order dated 21.11.2022 and they were sentenced to undergo rigorous imprisonment for 10 years and also to pay fine of Rs.1,00,000/- (One Lakh only) each, for commission of offences punishable under Section 20 and Section 29 of the NDPS Act and in - 3 - default of payment of fine to further undergo simple imprisonment for one year. 3. Feeling aggrieved against the judgement of conviction and sentence passed by Learned Special Judge, one of the accused, namely, Datti Ram, filed a Criminal Appeal No. 67 of 2023, titled as Datti Ram versus State of Himachal Pradesh, which is pending adjudication and in aforesaid appeal, an application [Cr.MP No. 476 of 2025] was filed for suspension of sentence/grant of regular bail and the same was dismissed on 10.04.2025 by this Court. Feeling aggrieved against the order dated 10.04.2025, the accused-Datti Ram filed a Special Leave Petition (Criminal) No 12326 of 2025, titled as Datti Ram versus State of Himachal Pradesh wherein, the Hon’ble Supreme Court vide order dated 07.01.2026, accepted the appeal by suspending the sentence of Datti Ram [supra) on certain terms and conditions, in the following terms: - 4 - 6. Keeping these aspects in mind and also fact that appellant has already undergone sentence of 5 years 7 months and 20 days, namely, more than 50% of the sentence imposed and the appeal being taken up for final disposal in the near future being bleak, we are of the considered view that sentence imposed on the appellant, deserve to be suspended though stiff resistance is posed by the learned counsel appearing for the respondent- State. 7. Accordingly, the appeal is allowed. The sentence imposed against the appellant is suspended and appellant is ordered to be enlarged on bail on such terms and conditions as the jurisdictional Court may impose including the condition that the appellant shall not indulge in any similar act and in the event of any FIR being registered against the appellant for similar offence, the respondent-State would be at liberty to seek cancellation of the present bail before the jurisdictional Court. 4. Similarly, another co-accused, Khem Singh, who was convicted by Learned Special Judge vide judgement dated 11.11.2022 and was sentenced vide order dated 21.11.2022 filed a Criminal Appeal No. 137 of 2023 tiled as Khem Singh versus State - 5 - of Himachal Pradesh and in aforesaid appeal an application [Cr.MP No. 3672 of 2024] was filed for suspension of sentence and another Division Bench of this Court suspended the sentence of Khem Singh vide Order dated 14.10.2024 subject to terms and conditions stipulated therein. 5. The applicant-appellant, [Ravi Hans] herein, being co-accused has filed the instant application [Cr.MP No. 4738 of 2025] praying for suspension of sentence with the prayer for releasing him on bail, during pendency of the appeal. 6. Upon listing of this application, this Court issued notice to the State Authorities on 31.10.2025 so as to enable them to file response thereto. In Reply, the State Authorities have objected to this application, with the plea that the conviction and sentence was imposed after due trial and since all the accused had indulged in commercial quantity of Charas weighing 2 Kgs and 202 grams, therefore, - 6 - no leniency deserves to be shown by this Court. 7. During the course of hearing, the Learned Counsel for the applicant-appellant submits sentence of other co-accused, namely, Datti Ram and Khem Singh (supra) was suspended and they have been enlarged on bail pursuant to the orders passed by the Hon’ble Supreme Court [in case of accused Datti Ram] and the orders passed by this Court [in case of another co-accused, Khem Singh]. It is further submitted that the Criminal Appeal was filed by the applicant-appellant in the year 2023 and its disposal is likely to take considerable time. It is submitted that applicant has undergone more than 5 years and 12 days of sentence [as per the custody certificate dated 23.10.2025, annexed with this application and also by taking into account the period of detention thereafter as submitted by Learned Counsel for applicant till day] against the total sentence of 10 years, with fine, besides the - 7 - default sentence for failure to deposit fine amount. It is further submitted that the applicant is a first-time offender. It is further submitted that the applicant has a fair chance of acquittal and even delay in disposal of the appeal is not attributable to the applicant. Learned Counsel on Instructions, submits that petitioner shall deposit fine amount, imposed by Learned Special Judge. 8. Considering the matter in the light of submissions made in Paras 7 (supra) and the fact that the sentence imposed on two other co-accused stands suspended by the orders passed by the Hon’ble Supreme Court in the case of Datti Ram (supra) and by another Division Bench of this Court in the case of Khem Singh (supra), and therefore, for ensuring parity amongst co-accused, this Court, accepts the prayer of the applicant-appellant [Ravi Hans] herein, for suspending his sentence. 9. Accordingly, for facts and circumstances, - 8 - hereinabove and in the light of the orders passed by the Honble Supreme Court and by this Court above; the substantive sentence imposed by Learned Special Judge, Hamirpur in Sessions Trial No 24 of 2021 vide order dated 21.11.2022 shall remain suspended, during the pendency of Criminal Appeal No. 556 of 2023, titled as Ravi Hans versus State of Himachal Pradesh, subject to the observance of the following terms and conditions:- (i). Applicant [Ravi Hans] shall be released on bail subject to furnishing personal bond in sum of Rs.2,00,000 [Rupees Two Lakh only] with two sureties in like amount each, to the satisfaction of Learned Trial Court, [in case his custody is not required, in any other case]; (ii). Applicant shall deposit fine amount [if not already deposited] within four weeks from today; (iii). Applicant shall report to the concerned Police Station on Second Saturday of every month for update on good behavior and conduct; during the - 9 - pendency of appeal except in case of his own medical exigency; (iv). Applicant shall surrender, in case, of dismissal of appeal [Cr. Appeal No 556 of 2023]; (v). Applicant shall not indulge himself in any offence whatsoever hereinafter; and involvement of the applicant in any offence hereinafter shall result in automatic cancellation of concession granted by this Court; (vi). Learned Trial Court is free to impose other condition(s), as it may deems fit and proper, in facts of instant case. 10. The observations made here-in-above, shall not in any manner be construed as an expression of opinion on merits and these observations are made only for the purposes of disposal of the instant application. In aforesaid terms, the instant application shall accordingly, stand disposed of. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge March 03, 2026 [tm]