KRISHAN DEV PAL ALIAS KISHU NATH vs STATE OF HP

2026:HHC:21566
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
High Court of H.P.

CRMP No.4523 of 2025

in Cr. Appeal No.469 of 2024
Reserved on: 29.05.2026
Date of decision: 04.06.2026

Uploaded on : 04.06.2026
Krishan Dev Pal alias Kishu Nath. ...Appellant/Applicant.
Versus
State of Himachal Pradesh. …Respondent.
Coram
Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Hon’ble Mr. Justice Ranjan Sharma, Judge.
Whether approved for reporting? Yes.
For the appellant/
applicant
: Dr. Sahil Malhotra, Advocate, vice Ms.
Anubhuti Sharma, Advocate (Legal Aid
Counsel).
For the respondent : Mr. Gautam Sood, Deputy Advocate
General.

Vivek Singh Thakur, Judge
This application has been preferred by the applicant-
appellant seeking suspension of sentence during pendency of the
criminal appeal, as he is serving sentence of rigorous imprisonment
for life along with fine of Rs.10,000/- for commission of offence under
Section 302 of the Indian Penal Code (‘ IPC ’).
Whether the reporters of the local papers may be allowed to see the Judgment? Yes

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2. The applicant-appellant has been convicted vide
High Court of H.P.
judgment dated 28.03.2024 and sentenced vide order dated
01.04.2024 passed by the Additional Sessions Judge-I, Mandi, in
Sessions Trial Registration No.38 of 2020, titled ‘ State of H.P. vs.
Krishan Dev Pal ,’ arising out of FIR No.136/1984 dated 21.05.1984,
registered at Police Station Sadar, District Mandi, under Section 302
IPC.
3. In present case, applicant-appellant has been convicted
for committing murder of deceased-Shankar Prashad, who was
accompanying the applicant-appellant to Mandi, where one Ram
Vilas Shah had handed over Rs.10,000/- to deceased Shankar
Prashad for purchasing empty gunny bags.
4. On 19.05.1984, the appellant-applicant and deceased
Shankar Prashad were staying in a Guest House. At about 2:15 a.m.,
Umesh Kumar, Caretaker of the Guest House, heard screams of
‘ Chhure Se Maar Diya, Chhura Ghomp Diya,’ whereupon he
immediately went downstairs and found that Shankar Prashad was
holding his stomach and standing in the water tank, and Ved Ram
was also present there on the other side of path in frightened
condition.
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5. On inquiry made by Umesh Kumar, Shankar Prashad,
High Court of H.P.
with great difficulty, stated that ‘ Krishan Pal Ne Chhura Mara’
(Krishan Pal had stabbed him).
6. In the meanwhile, people of the Mohalla also gathered
there and Ved Prakash told them that Krishan Pal had stabbed
Shankar Prashad in the stomach and thereafter fled from the spot.
In the meanwhile, Smt. Krishna and Jiwan also came there, and
Umesh Kumar, along with Smt. Krishna and Jiwan, went to Police
Post City, Mandi, to give information.
7. In the aforesaid circumstances, an FIR was lodged
against the applicant-appellant, who was absconding, and therefore,
Chief Judicial Magistrate, Mandi, vide order dated 20.02.1986, called
for initiation of proceedings under Sections 82 and 83 of the Cr.P.C.
against him. Thereafter, the applicant-appellant was declared
proclaimed offender vide the same order dated 20.02.1986.
8. Applicant-appellant was arrested by S.I. Om Prakash
and a team of police officers. Upon his production, after his formal
arrest, on 17.01.2020, the applicant-appellant was sent to judicial
custody by the Magistrate and thereafter subjected to trial. On
conclusion of the trial, after assessing the evidence on record, the
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Additional Sessions Judge-I, District Mandi, convicted the applicant-
High Court of H.P.
appellant and awarded sentence as referred supra .
9. Since 11.01.2020, the applicant-appellant is behind
bars. As on 20.02.2026, he had undergone total period of 6 years, 5
months and 24 days of sentence, including remission. Thus, as on
date, he has undergone about 6 years and 6 months of the sentence
awarded to him.
10. Learned counsel for the applicant-appellant has
submitted that applicant-appellant is seeking suspension of
sentence during pendency of present appeal on the ground that he
has already undergone 6 years and 6 months of detention and has
served a substantial part of the sentence awarded to him, and
therefore, is entitled to the benefit of suspension of sentence during
the pendency of the appeal.
11. It has been further contended that applicant-appellant is
of advanced age and is suffering from several old age-related
ailments and there is necessity of constant medical assistance and
continuous medical treatment. It is further submitted that applicant-
appellant is particularly suffering from breathing issues and
associated comorbidities, and the jail conditions make it extremely
difficult for him to manage and control his deteriorating health
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condition, which requires regular supervision and treatment, that is
High Court of H.P.
not adequately available in prison.
12. It has been pleaded on behalf of applicant-appellant that
applicant is of an advanced age of 70 years, making him increasingly
vulnerable to health complications, who is unable to cope with
hardships of prison. Because of age-related debilities, the applicant-
appellant is not able to take care of himself and is unable to endure
jail life, and therefore, humanitarian considerations require a lenient
approach towards long-serving convict, especially considering his
medical vulnerabilities. The medical records pertaining to treatment
of the applicant-appellant have also been placed on record along
with the application.
13. Status report was called for and, finding no response
with respect to the plea regarding ailments of the applicant-appellant,
the respondents were again directed to have complete instructions
along with the opinion of Medical Officer deputed in the Model
Central Jail, Nahan, where the applicant-appellant is serving his
sentence.
14. Apart from reply filed to the application, the respondent-
State has placed on record instructions dated 20.05.2026 received
from the Superintendent of Police, District Mandi, in the office of
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Advocate General, Himachal Pradesh, wherein it has been
High Court of H.P.
communicated as under:-
“In this regard, it is submitted that the Superintendent Jail,
Model Central Jail Nahan, District Sirmour was requested vide this
office letter No.LAW/MND/2026-43260 dated 19-05-2026 (letter
enclosed) to furnish the opinion of Medical Officer of the Jail
regarding ailments like breathing issues and associated
comorbidities (as mentioned by the petitioner in his
petition/application), treatment summery, current status of ailment
and need of treatment etc. of the above mentioned accused/convict
along with relevant document to this office so that same could be
submitted before the Hon'ble High Court of H.P.
Further, the opinion of the Medical Officer of the Model
Central Jail Nahan has been received in this office through e-mail on
20-05-2026 from office of the Superintendent Jail, Model Central Jail
Nahan, District Sirmour vide its office letter No. MCJ/NHN/Pri./4058
dated 19-05-2026, which is enclosed herewith for your kind perusal
and further necessary action in the matter please.”

15. The opinion of Medical Officer, deputed in Jail, reads as
under:-
“L/c kishu nath s/o Sati ram pal age 67 years. Male is suffering
from copd A/e etiology non-infection. Currently under the treatment
from pulmonary medicine Department of Dr. YSPGMC-Nahan L/c
Kishu nath general health is advised to take nebulization And oxygen
twice daily L/c kishu nath is also having some ECG change due to
copd Medicines and need constant supervision L/c kishu nath
disease can be considered, Life threatening considering his age and
general health.
So, in my humble opinion L/c kishu nath plea can be
considered. ”

16. Learned Deputy Advocate General has submitted that
the previous history of the applicant-appellant disentitles him from
seeking suspension of sentence, as the applicant-appellant had
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absconded and could be apprehended only after 36 years, having
High Court of H.P.
remained untraceable since 1986.
17. In response, learned counsel for the applicant-appellant
has submitted that after conviction, while serving the sentence, the
applicant-appellant was released on parole from 29.08.2025 to
25.09.2025 and he surrendered within the time granted to him to
return to jail to serve the sentence after expiry of parole. It has further
been submitted that during 28 days' parole period, no adverse report
was received against the applicant-appellant and he demonstrated
his intention to abide by the procedure prescribed by law by
continuing to serve his sentence, but for serious ailment, he
deserves to be enlarged.
18. It has been further submitted that, in case, it is not
considered appropriate by the Court to suspend the sentence of the
applicant-appellant during the pendency of the appeal, the sentence
may be suspended for a considerable period so as to enable the
applicant-appellant to undergo treatment at an appropriate hospital
to save his life.
19. To substantiate claim for suspension of sentence,
learned counsel for the applicant-appellant has placed reliance upon
judgement of Delhi High Court dated 29.05.2023 passed in Bail
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Application No.1762 of 2022 titled as ‘Vijay Agrawal vs.
High Court of H.P.
Directorate of Enforcement,’ whereby petitioner therein was
granted bail on the ground that he was suffering from numbness of
limbs, which is precursor to paralysis.
20. Reliance has also been placed on order passed by
Rajasthan High Court at Jodhpur dated 24.10.2024 in D.B. Criminal
Misc. Suspension of Sentence Application (Appeal) No.1304 of
2024 titled as ‘Sharwan Kumar vs. State of Rajasthan,’ whereby
on the basis of medical report and condition of the applicant therein,
substantive sentence awarded to the applicant for life imprisonment
was suspended during pendency of the appeal.
21. Learned counsel for the applicant-appellant also
referred order of Bombay High Court dated 06.05.2024 in Bail
Application No.1901 of 2024 titled as ‘Naresh Goyal vs.
Directorate of Enforcement & Anr.,’ wherein it has been observed
as under:-
15. Infirmity, in turn, may arise from a variety of causes. Infirmity may
not necessarily be on account of sickness. The Parliament has therefore
advisedly used the words ‘sick’ or ‘infirm’ disjunctively. The provision is
required to be construed in such a manner as to advance the guarantee of
right to life under Article 21. A prisoner cannot be left in the lurch even when
he is suffering from a serious ailment for the only reason that his personal
liberty is deprived by operation of law. A prisoner has right to have treatment
to preserve his health. It is the obligation of State to provide requisite
treatment to a prisoner so as to preserve and protect his health. A prisoner
is entitled to the dignity he deserves.
16. A reference to the judicial decisions in which the courts have dealt
with the nature and import of the proviso to Section 45(1) of PMLA may be
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apposite. In the case of Kewal Krishnan Kumar V/s. Enforcement
Directorate, 2023 SCC Online Del 1547, a learned Single Judge of the Delhi
High Court, after adverting to the provisions of Section 45 of the PMLA
enunciated, inter alia, that a person, though not ‘sick’, may be ‘infirm’ and
still entitled to seek the benefit of exception in the proviso to Section 45(1)
of PMLA. The observations in paragraphs 46 and 47 read as under :
High Court of H.P.
“46] Since ‘sick’ and ‘infirm’ are separated by ‘or’,
consequently, a person who, though, not sick but infirm would
still be entitled to seek the benefit of the exception in the
proviso to section 45(1) PMLA and vice-versa.
47] Mere old age does not make a person ‘infirm’ to fall within
section 45(1) proviso. Infirmity is defined as not something
that is only relatable to age but must consist of a disability
which incapacitates a person to perform ordinary routine
activities on a day-to-day basis.”

22. Reliance has also been placed upon order dated
07.01.2025 passed by Supreme Court of India in Special Leave to
Appeal (Crl.) No.15945 of 2024 titled as ‘Ashumal @ Asharam vs.
The State of Gujarat,’ wherein petitioner was granted bail on
medical grounds for three months.
23. Taking into consideration the material placed before us
and the submissions made by learned counsel appearing for both
sides, we are of the opinion that sentence imposed upon the
applicant-appellant deserves to be suspended for a limited period of
about six months , so as to enable him to undergo proper treatment
at a hospital of his choice, subject to the following conditions:-
(i) the applicant-appellant shall furnish personal
bond in the sum of Rs.1,00,000/- with one surety
in the like amount to the satisfaction of the learned
Trial Court on or before 15.06.2026 with
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undertaking to appear before this Court as and
High Court of H.P.
when directed, and in the event of the dismissal of
the appeal, the applicant/appellant will surrender
before the Court.
(ii) Bail bonds so furnished shall be transmitted by the
Trial Court to the Registry of this Court for placing
the same on record.;
(iii) Sentence awarded to applicant-appellant shall
remain suspended from 15.06.2026 to 15.12.2026
and shall surrender before the Superintendent of
Jail from where he is enlarged on suspension, on
or before 02:00 p.m. on 15.12.2026;
(iv) the applicant-appellant shall also disclose, at the
time of furnishing the bonds, the address of the
place where he shall reside during the aforesaid
period as well as the details of the medical
institution where he intends to undergo treatment
and in case he fails to furnish such particulars, the
present order of suspension of sentence shall
remain in abeyance till furnishing of complete
details by him; and
(v) the applicant-appellant shall keep on informing
change of address or place of stay as well as the
details of the medical institution, if any, to the Trial
Court as well as concerned Police Station;
(vi) the applicant-appellant through his learned
counsel shall submit before this Court,
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photocopies of the relevant treatment record and
High Court of H.P.
the opinion/status of the concerned Medical
Officer periodically, on or before 14.08.2026,
14.10.2026 and 14.12.2026.
24. SHO of the concerned Police Station is also directed to
verify the fact of surrender by applicant-appellant on or before 02:00
p.m. on 15.12.2026 and if, applicant-appellant fails to surrender,
then, appropriate action against him and his surety shall be initiated
in accordance with law.
25. Needless to say, the aforesaid observations made in the
application, shall not have any bearing on the final adjudication of
the appeal, as these observations are preliminary in nature by
considering the material on record, prima facie, for purpose of
suspension of sentence of the applicant-appellant.
26. Application is allowed and disposed of in aforesaid
terms.

(Vivek Singh Thakur)
Judge



(Ranjan Sharma)
Judge
th
4 June, 2026
(Pardeep)

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