Rajat Sharma vs. State of HP Cr. Appeal (C-SB) No. 38 of 2026 18.5.2026 Present: Mr. Vijay Panchta, Advocate, Legal Aid Counsel, for the appellant. Mr. Lokender Kutlehria, Additional Advocate General, for the respondent-State. Records be called for. Cr. MP No. 614 of 2026 The applicant/appellant has filed the present application for suspension of sentence awarded by H.P. State Waqf Tribunal (Exercising the power of Special Judge), Dharamshala, District Kangra, H.P. (learned Trial Court) during the pendency of the appeal. It has been submitted that the applicant has a good arguable case in his favour. He has roots in the society and would abide by the terms and conditions that the Court may impose. Hence, it is prayed that the present application be allowed and the sentence imposed upon the applicant/appellant be suspended. The application is opposed by fling reply asserting that the offence committed by the applicant is heinous which has detrimental impact on the social order and interest. The applicant does not have any arguable case in his favour and he was rightly held guilty by the learned Trial Court. The release of the applicant on bail during the pendency of the proceedings would send wrong signal to the society. Hence it was prayed that the present application be dismissed. Heard. Learned Trial Court found the applicant/appellant guilty of possessing of 257.83 grams of charas and sentenced him to undergo rigorous imprisonment of seven years, pay a fine of ₹1,00,000/- (Rupees One Lac) and in default of payment of fine to undergo simple imprisonment for one year for the commission of offence punishable under Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). Prima facie, the sentence of seven years for the possession of 257.83 grams of charas vitiates the principle of proportionality because a person possessing one kilogram of charas can be sentenced to undergo punishment of 10 years and the punishment of seven years for possessing 257.83 grams of charas would be disproportionate. Therefore, the applicant has made out a prima facie arguable case for the suspension of sentence. Hence, the present application is allowed and the substantive sentence of imprisonment awarded by learned Trial Court is ordered to be suspended till further orders, subject to deposit of fine, if not deposited earlier, and furnishing personal bond in the sum of ₹25,000/- with one surety in the like amount to the satisfaction of learned trial Court within a month from today with an undertaking to appear before this Court as and when called upon to do so and surrender before the learned Trial Court to serve sentence, in case of dismissal of the present appeal. A copy of this order be sent to the learned Trial Court for information and necessary action. The applicant/appellant is permitted to produce a copy of this order, downloaded from the Webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authority shall not insist on the production of a certified copy, but if required, may verify from the passing of the order from the website of the High Court of H.P. Learned Trial Court is directed to transmit the bail bonds, so furnished by the applicant before it, for placing them on record. Cr. Appeal (C-SB) No. 38 of 2026 List in due course. (Rakesh Kainthla) Judge 18th May, 2026 (Chander)