Rahul Kumar @ Bichhu vs. State of H.P. Cr.MP(M) No. 761 of 2026 22.05.2026 Present: M/s Vinay Thakur and P.C.Thakur, Advocates, for the applicant. Mr. Jitender K. Sharma, Additional Advocate General, for the respondent/State. Cr.MP(M) No. 761 of 2026 Learned counsel for the applicant/appellant submits that co-accused Jitender Kumar Sharma has filed an appeal bearing Cr. Appeal (C-SB) No. 57 of 2026, which has been admitted. In view of the aforesaid fact, the delay of 51 days in filing the appeal is ordered to be condoned. The application stands disposed of. Cr. Appeal No. of 2026 (Filing No.Cr.A(C- SB)/3361/2026. In view of the order passed in Cr.MP(M) No. 761 of 2026, the delay in filing the appeal has been condoned. It be registered. Notice. Jitender K. Sharma, Additional Advocate General appears and waives service of notice on behalf of respondent/State. Copy of the appeal be supplied to them. Record of the learned Trial Court has already been requisitioned in Cr. Appeal (C-SB) No. 57 of 2026. List the matter for hearing in due course. Cr.MP No. of 2026 (Cr.MPST/3369/26) It be registered. Notice in the aforesaid terms. Heard. It appears from the judgment of learned Trial Court that the applicant/accused was found in possession of 8.10 grams of heroin. The applicant was convicted and sentenced to undergo rigorous imprisonment for a period of three years and was directed to pay a fine of ₹25,000/- (Rupees Twenty Five Thousand) and in default of payment of fine to further undergo simple imprisonment for a period of three months for the commission of offence punishable under Section 21 read with Section 29 of ND&PS Act. Since the sentence of co-accused has been suspended in Cr. Appeal (C-SB) No. 57 of 2026 and keeping in view the fact that the appeal is not likely to be heard at the earliest as so many appeals are pending for its disposal, therefore, operation and execution of the substantive sentence of imprisonment imposed by learned Trial Court is ordered to be suspended till further orders. It is stated that the applicant/appellant is lodged in Model Central Jail, Kanda, District Shimla, HP. He be released, if not required in any other case, subject to his furnishing personal bond in the sum of ₹25,000/- with one surety in the like amount to the satisfaction of learned trial Court and to deposit of the fine amount, if not deposited earlier, with an undertaking to appear and serve sentence, in case of dismissal of the present appeal, within a period of one month from today. Copy of this order be sent to the learned Trial Court and Jail Superintendent, Model Central Jail, Kanda, District Shimla, HP for information and necessary action through FASTER. Learned Trial Court is directed to transmit the bail bonds, so furnished by the applicant before it, for placing the same on record. (Rakesh Kainthla) Judge 22nd May, 2026 (ravinder) Digitally signed by RAVINDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH SHIMLA, Phone=35ecb6f93c6891a7dae90f163e34d7ecaa420b13af1363204ab0e0f5c87077dc, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=f6cc63c55495d14ce1f8623eacdb6cb9ef2c553803537a2f53c4ee637cbebaff, CN=RAVINDER KUMAR Reason: I am the author of this document Location: RAVINDER KUMARDate: 2026-05-22 18:45:25