Love Kumar vs. State of H.P. Cr. Appeal (C-SB) No. 164 of 2026 Reserved on 11.08.2026 14.08.2026 Present: Ms Meera Devi, Advocate for the appellant. Mr Lokender Kutlehria, Additional Advocate General for the respondent/State. CrMP No. 2992 of 2026 The appellant/applicant has filed the present application for suspension of the sentence awarded by learned Special Judge, Sunder Nagar, District Mandi, H.P. vide which the applicant was sentenced to undergo rigorous imprisonment for 8 years, pay a fine of ₹80,000/- and in default of payment of fine to further undergo simple imprisonment for 2 years for the commission of an offence punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act (NDPS Act). It has been asserted that the applicant has filed an appeal against the judgment of conviction and order of sentence. The applicant has an arguable case in his favour. His appeal is not likely to be taken up for hearing. Hence, it has been prayed that the present application be allowed and the sentence imposed by the learned Trial Court be set aside. 2. The application is opposed by filing a reply, asserting that the applicant was found in possession of 920 grams of cannabis. He was held guilty by the learned Trial 2 Court. The sentence can be suspended only in exceptional circumstances. The quantity recovered from the applicant’s possession was huge, which has a detrimental impact on society. The Judgment of conviction and order of sentence are well reasoned and do not suffer from any illegality, perversity or infirmity. Therefore, it was prayed that the present application be dismissed. 3. I have heard Ms Meera Devi, learned counsel for the appellant and Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State. 4. Ms Meera Devi, learned counsel for the appellant/applicant, submitted that the applicant has undergone imprisonment for 2 years, 5 months and 21 days as per the custody certificate filed by the State with its reply. The appeal has been filed in the year 2026 and is not likely to be taken up for hearing soon. Therefore, she prayed that the present application be allowed and the sentence imposed by learned Trial Court be suspended during the pendency of the appeal. 5. Mr Lokender Kutlehria, learned Additional Advocate General for the respondent/State, submitted that the applicant does not have any prima facie arguable case in his favour. The learned Trial Court had imposed a sentence of 8 years, which is adequate considering the quantity of 3 the charas found in the applicant’s possession. The narcotics are adversely affecting society, and no leniency should be shown to the applicant. Hence, he prayed that the present application be dismissed. 6. I have given considerable thought to the submission made at the bar and have gone through the records carefully. 7. A perusal of the custody certificate shows that the applicant has undergone 2 years 5 months and 21 days of the sentence imposed upon him. Thus, the applicant has undergone a substantial part of the imprisonment awarded to him. The appeal was filed in the year 2026, and this Court has the roster for hearing the criminal appeal of the year 2025. Thus, there is force in the submission of Ms Meera Devi, learned counsel for the applicant, that the appeal is not likely to be taken up for hearing, before the applicant has undergone a substantial part of the imprisonment awarded to him. 8. Therefore, in these circumstances, the present application is allowed and the substantive sentence of imprisonment awarded by learned Trial Court upon the applicant is ordered to be suspended subject to deposit of fine and furnishing of personal and surety bonds in the sum of ₹25,000/- to the satisfaction of learned Trial 4 Court/Additional Registrar of this Court undertaking therein to appear before this Court as and when directed to do so within four weeks from today and to surrender before the learned Trial Court in case of dismissal of the appeal. 9. The bonds, so furnished, be transmitted to the Registry of this Court for placing them on record. 10. The present application stands disposed of. Cr. Revision (C-SB) No.164 of 2026 Call for the records. List the matter for hearing in due course. (Rakesh Kainthla) Judge 14th August, 2026 (Nikita)