Whether the reporters of the local papers may be allowed to see the Judgment? Yes IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CRMP No.2231 of 2026 in Cr. Appeal No.17 of 2025 Date of decision: 04.06.2026 CRMP No.2231 of 2026 in Cr. Appeal No.17 of 2025 Arif Mohammad. ...Appellant No.1/Applicant. Versus State of Himachal Pradesh. …Respondent. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge. Hon’ble Mr. Justice Ranjan Sharma, Judge. Whether approved for reporting? For appellant No.1/ applicant : Mr. N.S. Chandel, Senior Advocate with Ms. Kanika and Ms. Shrutika Dogra, Advocates. For the respondent : Mr. Pawan Kumar Nadda, Additional Advocate General. Vivek Singh Thakur, Judge This application has been preferred by the applicant- appellant No.1 (Arif Mohammad), who is convict and serving his sentence along with other appellants (non-applicants) in Model Central Jail, Kanda, for life imprisonment for commission of offence punishable under Section 302 of Indian Penal Code (‘IPC’) read with Section 34 of IPC awarded by Additional Sessions Judge, Rohru, District Shimla vide judgment dated 09.12.2024 passed in Sessions -2- Trial RBT No.60-R/7 of 23/20 (Registration No.1/2020) titled as ‘State of H.P. Arif Mohammad & Ors’. 2. Present application has been filed by applicant/appellant No.1 for seeking suspension of sentence on medical grounds and record of treatment has also been placed on record. 3. Respondent-State has filed Status Report along with opinion of Medical Officer, Model Central Jail, Kanda, where applicant/appellant No.1 has been lodged. Relevant portion of the opinion is as under:- “At IGMC, Shimla, MRI Spine was conducted and the patient was diagnosed with Compressive Myelopathy at C6-C7 with Paraparesis. This patient was planned for ACDF C6-C7 (Anterior Cervical Discectomy and Fusion) However, the patient refused surgical intervention despite being explained regarding disease condition and proposed management. The patient was managed conservatively and was discharged on 22/05/2026 xx xx xx As present the patient is conscious, oriented and hemodynamically stable. The patient is unable to walk independently and required support for ambulation, including routine activities such as using the washroom. The patient also requires assistance for activities of daily living. This certificate is being issued on request for official proposes.” 4. Learned Additional Advocate General submits that from the Medical Report, it is apparent that it was applicant/appellant No.1, who has refused surgical intervention, despite having been explained regarding disease condition and proposed management. -3- Therefore, his sentence cannot be suspended on the ground of ailment. 5. Learned counsel for the applicant/appellant No.1 submits that applicant/appellant No.1 has refused to undergo surgical intervention through Open Surgery, but he intend to undergo surgery through Laser, wherein risk is less than the Open Surgery and the said surgery is not available in IGMC, Shimla, and applicant/appellant No.1 intend to get his treatment from the institution, where facility of Laser Surgery is available. 6. Taking into consideration the condition of applicant/appellant No.1, as reported by Medical Officer in its report, as quoted supra, we are of the considered opinion that sentence of the applicant/appellant No.1 can be suspended for a limited period to enable him to get his treatment done for serious disease, on account of which, he is unable to perform his daily routine and requires assistance for activities of daily life, including routine activities, such as using washroom. 23. Accordingly, as submitted on behalf of applicant/ appellant No.1, sentence imposed upon the applicant/appellant No.1 deserves to be suspended and directed to be enlarged, on temporary basis till 07.09.2026, so as to enable him to undergo -4- proper treatment at a hospital of his choice, subject to the following conditions:- (i) the applicant/appellant No.1 shall furnish personal bond in the sum of Rs.1,00,000/- with one surety in the like amount to the satisfaction of the learned Trial Court/concerned Jail Superintendent with undertaking to appear before this Court as and when directed, and in the event of the dismissal of the appeal, the applicant/appellant No.1 will surrender before the Court. (ii) Bail bonds so furnished shall be transmitted by the Trial Court/concerned Jail Superintendent to the Registry of this Court for placing the same on record.; (iii) Sentence awarded to applicant/appellant No.1 shall remain suspended till 07.09.2026 and he shall surrender before the Superintendent of Jail from where he is enlarged on suspension, on or before 02:00 p.m. on 07.09.2026; (iv) the applicant/appellant No.1 shall also disclose, at the time of furnishing the bonds, the address of the place, where he shall reside during the aforesaid period as well as the details of the Medical Institution, where he intends to undergo treatment and in case, he fails to furnish such particulars, the present order of suspension of sentence shall -5- remain in abeyance till furnishing of complete details by him; and (v) the applicant/appellant No.1 shall keep on informing change of address or place of stay as well as the details of the Medical Institution, if any, to the Trial Court as well as concerned Police Station; (vi) the applicant/appellant No.1 through his learned counsel shall submit before this Court, photocopies of the relevant treatment record and the opinion/status of the concerned Medical Officer periodically, on or before 16.07.2026, and 16.08.2026. 24. 24. SHO of the concerned Police Station is also directed to verify the fact of surrender by applicant/appellant No.1 at or before 02:00 p.m. on 07.09.2026 and if, applicant/appellant No.1 fails to surrender, then, appropriate action against him and his surety shall be initiated in accordance with law. 25. Needless to say, the aforesaid observations made in the application, shall not have any bearing on the final adjudication of the appeal, as these observations are preliminary in nature by considering the material on record, prima facie, for purpose of suspension of sentence of the applicant/appellant No.1. -6- 26. Application is allowed and disposed of in aforesaid terms. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge 4th June, 2026 (Pardeep)