CRMP/3974/2026 of AFAMUFILE GOODNESS Vs STATE OF HP on 29 September 2026

Afamufile Goodness vs. State of Himachal Pradesh Cr. Appeal No. 395 of 2025 29.09.2026 Present: Mr. Ruchirangad Singh, Advocate, for the applicant-appellant. Ms. Sharmila Patial, Additional Advocate General, for the respondent-State. CRMP No. 3974 of 2026 This application has been filed for suspension of sentence of the applicant-appellant on various grounds, most of which have already been dealt with at the time of dismissing earlier application, i.e., Cr.MP No. 3086 of 2025 filed by the applicant, vide order dated 11.09.2025. Learned counsel for the applicant submits that, this application was dismissed in November 2025 and now appellant has undergone more than 5 years sentence in imprisonment, out of total sentence of 10 years awarded by the Trial Court, and therefore, for serving half of the sentence, applicant is entitled for suspension of sentence. The aforesaid submissions are misconceived, as Section 479 of BNSS provides half of the prescribed sentence, not of the awarded sentence. Moreover, in such cases, grounds would be available to the applicant- appellant, only if there is no chance of hearing of the main appeal, whereas appeals against conviction pertaining to year up to 2025, are already on hearing board and, therefore, on both grounds, this plea is liable to be rejected. Accordingly, the application is dismissed and disposed of. Cr. Appeal No. 395 of 2025 List for hearing in due course.

(Vivek Singh Thakur) Judge (Bhupesh Sharma) Judge 29th September, 2026

(Susheel)