Balwant Singh vs. State of H.P. Cr. Appeal (C-SB) No. 146 of 2026 26.08.2026. Present: Mr Anand Sharma, Senior Advocate, with Mr Karan Sharma, Advocate, for the appellant. Mr Jitender Sharma, Additional Advocate General, for the respondent/State. Cr.MP No. 2796 of 2026 The appellant/applicant has filed the present application for suspension of the sentence dated 25.06.2026, passed by learned Special Judge, Chamba, District Chamba, H.P. vide which the appellant/applicant was sentenced to undergo rigorous imprisonment for 5-years, pay a fine of ₹50,000 and in default of payment of fine to undergo simple imprisonment for 3 months 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/appellant is innocent and he was falsely implicated. The applicant has a prima facie arguable case in his favour. The appeal is not likely to be taken up for hearing at the earliest. Hence, it was prayed that the present application be allowed and the sentence imposed upon the applicant be suspended during the pendency of the appeal. 2. The application is opposed by filing a reply, making preliminary submissions asserting that the police had found the petitioner in possession of 752 grams of Charas. The learned Trial Court had rightly appreciated the evidence and passed a well-reasoned judgment. There is no error in the judgment, and the appeal is not likely to be allowed. Hence, it was prayed that the present application be dismissed. 3. I have heard Mr Anand Sharma, learned Senior Advocate, assisted by Mr Karan Sharma, Advocate, for the applicant/appellant and Mr Jitender Sharma, learned Additional Advocate General, for the respondent/State. 4. Mr Anand Sharma, learned Senior Advocate for the appellant/applicant, referred to the evidence on record and submitted that the evidence led before the learned trial Court was not sufficient to record the conviction. There were many discrepancies, and independent witnesses have not supported the prosecution case. Therefore, he prayed that the present application be allowed and the sentence imposed by the learned trial Court be suspended during the pendency of the appeal. 5. Mr Jitender Sharma, learned Additional Advocate for the respondent/State, submitted that the case against the accused was proved beyond reasonable doubt. The learned trial Court had rightly appreciated the evidence, and there is no perversity in the judgment. The appeal is likely to be dismissed in all eventualities. Hence, he prayed that the present application be dismissed. 6. I have given considerable thought to the submissions made at bar and have gone through the records carefully. 7. Sunder Singh (PW-1) did not support the prosecution case. The statement of HHC Mohammad Aslam (PW-2) shows that he was not aware of many facts surrounding the recovery. Statements of HHC Manohar Lal (PW-3) and Constable Arun Kumar (PW-4) contain contradictions regarding the facts surrounding the recovery and the manner of visit to the spot. These statements require careful analysis and appreciation after hearing the parties in detail. 8. The appeal has been filed in the year 2026 and is not likely to be taken up for hearing at the earliest. The very purpose of filing the appeal would be defeated by dismissing the application because the applicant would have undergone a substantial part of the imprisonment by the time the appeal comes up for hearing. Hence, the operation and execution of the substantive sentence of imprisonment imposed by learned Trial Court is ordered to be suspended till the final disposal of the appeal, subject to his furnishing personal bond in the sum of ₹50,000/-(Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of learned Trial Court with an undertaking to appear before this Court as and when called upon to do so and surrender before the learned Trial Court within a period of four weeks to serve sentence, in case of dismissal of the present appeal and the deposit of the fine amount, if not deposited earlier,. 9. The learned Trial Court is directed to transmit the bail bonds, so furnished by the applicant before it, for placing them on record. 10. The present application stands disposed of. Cr. Appeal (C-SB) No. 146 of 2026 11. The record of the learned Trial Court has been received. 12. List the matter for hearing in due course. (Rakesh Kainthla) Judge 26th August, 2026 (Ravinder)