Basheer, J.

Can the High Court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, issue a writ of mandamus to a criminal court not to execute the sentence imposed on an accused pending his application before the Government for commutation of sentence under Section 433 (d) of the Code of Criminal Procedure?

2. The learnedsingle Judge before whom the writ petition came up for consideration declined the above prayer. Nevertheless, the learned Judge directed the Government to consider the application submitted by the appellant for commutation expeditiously. The above order is under challenge in this writ appeal.

3. Relevant facts may be briefly noticed.

4. Appellant was tried for the offence punishable under Sections 279 and 338 of the Indian Penal Code. The trial court convicted and sentenced him to undergo simple imprisonment for 6 months and to pay a fine of Rs.1,000/- under Section 279 and to undergo simple imprisonment for one year and to pay a fine of Rs.1,000/- under Section 338. The appellate court, while confirming the order of conviction, had reduced the sentence to 3 months simple imprisonment under section 279 IPC and t