JUDGMENT :

Sushil Kukreja, J.

This order shall dispose of an application filed by the applicant/appellant under Section 430 (1) & (2), read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), seeking suspension of sentence awarded by the learned Additional Sessions Judge, Kinnaurat Rampur Bhshahr, H.P., vide judgment of conviction, dated 01.12.2023 and order of sentence dated 02.12.2023 in Case No. 29/2019, for the commission of offences punishable under Sections 279 , 337, 338, 304AA of the INDIAN PENAL CODE (for short “IPC”) and Sections 185 & 187 of the MOTOR VEHICLES ACT (for short “MV Act”). It has been averred in the application that the applicant has good prima facie case in his favour and the appeal is likely to be succeeded in all eventualities. It has further been mentioned in the application that the applicant has already undergone 313 days of sentence and since the appeal pertains to the year 2024, the same is not likely to be taken up for hearing in near future, therefore, it has been prayed that the present application may be allowed.

2. In reply filed by the respondent/State, it has been averred that the prosecution has succeeded in pr