Krishan @ Shiva vs . State Of H.P.
2023 Latest Caselaw 1477 HP

Krishan @ Shiva Vs. State of H.P.

Cr. Appeal No. 21 of 2021

27.02.2023 Present: M/s Rohit Sharma and Anuj Gupta, Advocates, for

.

the appellant/applicant.

M/s Pushpender Jaswal and Baldev Negi, Additional Advocate Generals, for the respondent-State. Cr. Appeal No. 21 of 2021 & Cr. MPM No. 331 of

A request has been made on behalf of the State for

adjournment of the case for final hearing. As prayed for, the case

is ordered to be listed for final hearing on 9th May, 2023.

At this stage, learned counsel for the

appellant/applicant has drawn the attention of the Court to Cr.

MPM No. 331 of 2021 filed for suspension of sentence and he

has submitted that the sentence imposed upon the appellant was

to undergo rigorous imprisonment for five years and further to

pay a fine of Rs.20,000/- under Section 20 of the Narcotic Drugs

and Psychotropic Substances Act, 1985 and taking into

consideration the fact that as of now, the appellant has already

spent about two years and four months in imprisonment, he may

be released by ordering the suspension of sentence imposed

upon him, pending decision of the appeal. He further submitted

that ordinarily sentences up to five years are being suspended by

the Court and therefore also, he prays that the request of the

appellant/applicant for suspension of sentence be considered

sympathetically.

The payer is opposed by the learned Additional

Advocate General on the ground that as the appeal is being

taken up for final consideration in the month of May itself,

therefore, the request for suspension of sentence of the appellant

.

is unreasonable and the application be dismissed.

Having heard learned counsel for the

appellant/applicant as also learned Additional Advocate General

and taking into consideration the fact that the sentence imposed

upon the appellant is for five years and he has already

undergone imprisonment of more than two years and four

months as of now, the prayer for suspension of sentence is

allowed. Cr. MPM No. 331 of 2021 is accordingly allowed and the

sentence imposed upon the appellant/applicant by the Court of

learned Special Judge (I), Shimla, H.P. in Sessions Trial No. 9-

S/7 of 2017, titled as State of Himachal Pradesh Vs. Krishan @

Shiva vide judgment/order dated 24.11.2020 is suspended

subject to the appellant/applicant furnishing personal bond in the

sum of rupees one lakh with one surety in the like amount to the

satisfaction of learned Trial Court within a period of four weeks

from today, undertaking therein to appear in the Court as and

when directed and shall surrender to serve out the sentence

imposed, in case his appeal is ultimately dismissed. Cr. MPM No.

331 of 2021 stands disposed of.

As the appellant/applicant is in custody, it is hereby

ordered that he be released forthwith upon his furnishing

personal bond, as directed above, to the satisfaction of the

Superintendent of jail concerned and surety bond to the

satisfaction of learned Trial Court, with an undertaking therein

.

that the applicant shall appear in the Court as and when directed

and shall surrender to serve out the sentence imposed, in case

his appeal is ultimately dismissed. The application stands

disposed of accordingly.

Downloaded copy of this order is valid for

compliance.

                                                       (Ajay Mohan Goel)
                 r                                           Judge

    February 27, 2023
       (bhupender)