Deepak Kumar v. State of Himachal Pradesh Cr.MPM No. 944 of 2026 27.05.2026 Present: Mr. Udit Shaurya Kaushik, Advocate, for the applicant/appellant. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General and Mr. Anish Banshtu, Deputy Advocate General, for the non-applicant/ respondent. Cr.MPM No. 944 of 2026 By way of instant application filed under Section 5 of the Limitation Act, prayer has been made by the applicant/petitioner for condonation of delay in maintaining the accompanying appeal, which is barred by limitation. 2 No reply is intended to be filed by the respondent and learned Additional Advocate General has no objection to the afore prayer made by the applicant. 3 Accordingly, for the reasons stated in the application, this Court is convinced and satisfied that delay in maintaining the accompanying appeal is neither intentional nor wilful, rather same has occurred on account of circumstances, which were completely beyond the control of the applicant, as such, delay, which has been sufficiently explained, is condoned. The application is disposed of. Cr.Appeal No. of 2026 4 Be registered. Admit. List in due course. Record be called for. Cr.MP No. of 2026 5 By way of instant application filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, prayer has been made by the applicant/appellant for suspension of sentence and releasing him on bail during the pendency of the appeal. 6 In the case at hand, applicant/appellant stands convicted and sentenced by the learned Special Judge-I (NDPS), Shimla, District Shimla, Himachal Pradesh, to undergo rigorous imprisonment for three years along with fine of Rs. 30,000/- under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 7 Having perused the grounds taken in the appeal vis-à-vis impugned judgment, there appears to be merit in the contention of learned counsel for the applicant/appellant that there are arguable points involved in the appeal, but since considerable time is likely to be consumed in the conclusion of the appeal, prayer made on behalf of the applicant/appellant for suspension of sentence during the pendency of the appeal deserves to be allowed, especially when it is not in dispute that during the pendency of the trial, applicant/appellant was on bail and during such period, no adverse report was ever received against him. 8 In these circumstances, the substantive sentence imposed by learned Special Judge-I (NDPS) Shimla, District Shimla, Himachal Pradesh in CIS Regd No. 69/2021 CIS CNR No. HPSH100029402021, is suspended during the pendency of the appeal and the applicant/appellant is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) with one surety of the like amount to the satisfaction of the trial Court within a period of four weeks with the conditions that he shall appear in the Court as and when directed and shall surrender to serve out the sentence imposed in case his appeal is ultimately dismissed. This order is further subject to the applicant’s depositing the entire amount of fine, if not already deposited, within a period of four weeks before the trial Court. The application stands disposed of. May 27, 2026 (Sandeep Sharma), manjit Judge