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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
VIVEK SINGH THAKUR, RANJAN SHARMA
Kuldeep Singh @ Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J
Applicant, Kuldeep Singh @ Rana, being appellant, who is undergoing sentence, has come up before this Court by way of instant application under Section 430 (1) of the Bhartiya Nagarik Suraksha Sahita 2023, seeking suspension of sentence, in terms of the judgment of conviction and sentence dated 28.06.2024 and 10.07.2024 respectively, passed by Learned Special Judge, Mandi, sentencing the applicant to undergo rigorous imprisonment for a period of 10 years and to pay fine of Rs. 1,00,000/- [Rs One Lakh Only] and in default of payment of fine to undergo simple imprisonment for a period of one year for the commission of offences punishable under Section 20 (b)(ii)(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
GROUNDS FOR SUSPENSION OF SENTENCE IN INSTANT APPLICATION:
2. Instant application, praying for suspension of sentence, has been filed with the plea that the applicant-convict has undergone two years and seven months of substantive sentence. It is averred that prolonged detention is weakening the economic condition of the applicant. It is averred that the prolonged incarceration has made the family to starve and for enabling him to
Suspension of sentence requires clear demonstration of trial errors or reasonable doubts about conviction, which the applicant failed to establish.
The main legal point established in the judgment is the discretion of the appellate court to suspend the sentence pending appeal, the conditions for such suspension, and the practical reasons for del....
Suspension of sentence should be considered liberally unless there is any statutory restriction, and the appellate Court has the discretion to suspend a sentence awarded under the NDPS Act, emphasizi....
Point of Law : Statement under Section 67 cannot be relied upon but herein, Court are not considering to rely upon statement under Section 67 of NDPS Act, thus judgment is also not applicable in this....
The court emphasized the need for strong, compelling reasons for the grant of bail post-conviction and applied the provisions of the NDPS Act to presume the criminal mental state of the accused-appel....
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