2026:HHC:2744 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P No. 1590 of 2025 in Cr. Appeal No.488 of 2019. Reserved on : 08.01.2026. Date of decision: 9.01.2026. Mehar Singh …..Applicant/Appellant. Versus State of Himachal Pradesh …..Respondent/Non-applicant. Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge. The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the Applicant/ : Mr. Manoj Pathak, Advocate. Appellant For the Respondent/ : Ms. Sharmila Patial, Additional Non-applicant Advocate General. Romesh Verma, Judge This order shall dispose of an application filed by the applicant/appellant for suspension of sentence passed by the learned Special Judge-I, Shimla, H.P. vide impugned judgment of conviction dated 27.08.2019 and order of sentence dated 04.09.2019 vide which the applicant/appellant has been convicted for the offence punishable under Sections 18,20 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short, NDPS 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes 2 2026:HHC:2744 Act) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, the applicant/appellant has been directed to undergo rigorous imprisonment for two years. 2. It has been stated in the application that the applicant/appellant is in jail and he has already undergone a considerable period of his sentence. The disposal of the appeal shall take some time and in case the sentence imposed by the learned Court below is not suspended, the very purpose of filing the appeal shall be frustrated. 3. The State has vehemently opposed the application filed by the applicant/appellant. It has been stated that the applicant is involved in a serious offence, therefore, the relief as such cannot be granted to him. It has been submitted in the reply that during the investigation of the case co-accused Deep Ram had disclosed that he used to purchase the narcotic contraband from the applicant and thereafter 1.282 Kgs of opium was recovered from the conscious and exclusive possession of the present applicant. Further, it has also been submitted in the reply that keeping in view the nature and social impact of the crime, where the impact is severe, the applicant/appellant deserves no leniency from this Court. Along with the reply, the State has also appended a certificate of period of 3 2026:HHC:2744 detention as Annexure R-1 which demonstrates that out of sentenced imprisonment of 10 years, the applicant has already undergone more than 9 years of imprisonment. 4. That the appeal arises out of the judgment of conviction and order of sentence as passed by the learned Special Judge-I, Shimla, on 27.08.2019/04.09.2019 whereby other four co-accused alongwith the present applicant, in similar FIR, were convicted as follows: Sr. No. Name of accused Punishment Present status 1. Deep Ram (Cr.A-612 of 2019) Rigorous imprisonment for twenty years In Jail 2. Usha Devi (Cr.A- 193 of 2021. Rigorous imprisonment for twenty years In Jail 3. Mehar Singh (Cr. A-488 of 2019) Rigorous imprisonment for ten years In Jail 4. Aman Thakur (Cr.A-525 of 2019) Rigorous imprisonment for six months On bail vide order dated 4.10.2019 5. Vipin Sharma (Cr. A-526 of 2019) Rigorous imprisonment for six months On bail vide order dated 4.10.2019 5. That out of the five accused, two are already on bail as their period of imprisonment was only for six months. 6. Learned counsel for the applicant has vehemently stressed and argued that out of 10 years sentence, the applicant/appellant has already undergone more than 9 years of 4 2026:HHC:2744 punishment. Therefore, taking into consideration the entirety of facts and circumstances of the case, he may be released on bail. 7. We have heard Mr. Manoj Pathak, learned counsel for the applicant/appellant and Ms. Sharmila Patial, learned Additional Advocate General, for the respondent-State and have also gone through the record. 8. Keeping in view the overall circumstances of the case and the factual matrix, especially the sentence undergone, we are, prima facie, of the opinion that the present applicant is entitled for his suspension of sentence and for his enlargement on bail in the peculiar facts and circumstances of the case. Therefore, the execution of judgment of conviction and order of sentence dated 27.08.2019/04.09.2019 passed by the learned Special Judge-I, Shimla, shall remain suspended till final disposal of the main appeal. 9. In view of above, the present application is allowed and the substantive sentence imposed upon the applicant/appellant by the Court below is suspended subject to his furnishing personal bond in the sum of Rs.2,00,000/- with one surety in the like amount to the satisfaction of the Court below within a period of four weeks from today undertaking therein to appear before the Court as and when directed to do so and also to surrender before the Court in case of dismissal of his appeal. Further, the applicant/appellant shall 5 2026:HHC:2744 not indulge himself in similar kind of offence and in failure to do so, the present order of suspension of sentence and enlargement on bail shall stand cancelled. Bail bonds so furnished by the applicant/appellant shall be transmitted by the Court below to this Court for placing the same on record. 10. Before parting, it is made clear that any observation made here-in-above shall not be taken as an expression of opinion on the merits of the main case and the same shall be adjudicated upon uninfluenced by any observations made here-in-above which are only for the purpose of determination of the instant application. 11. Parties are permitted to produce a copy of this order downloaded from the web-page of the High Court of Himachal Pradesh before the Court below and the Court below shall not insist for production of a certified copy of order, rather, the Court below shall verify passing of this order from the web-page of the High Court. (Vivek Singh Thakur) Judge (Romesh Verma) Judge 9th January, 2026. (krt) Digitally signed by KHEM RAJ THAKUR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone= b3bb0330a36091c417dc6aa42212c 14caec7825ba4158459325bd600d2 73f58b, PostalCode=171001, S= Himachal Pradesh, SERIALNUMBER= 6aa9db3b3e85e608387fb6f0fa0bb2 ddacd2e1b82f232ca3c0adea331da 33983, CN=KHEM RAJ THAKUR Reason: I am the author of this document Location: Date: 2026.01.10 03:58:02+05'30' Foxit PDF Reader Version: 2025.2.0 KHEM RAJ THAKU R