Order

02/02/2024

1. Heard learned counsel for the accused-applicant and learned Public Prosecutor on the application for suspension of sentence.

2. The accused petitioner has been convicted for offences under Sections 279, 337, 338 and 304 IPC and sentenced to maximum punishment for two years vide judgment dated 13.12.2017 passed by learned Judge, Gram Nyayala, Kundali, Sikar in Regular Case No.20/2011. The accused petitioner challenged the aforesaid judgment of conviction and sentence in appeal (No.02/2018) before the learned Addl. Sessions Judge No.4, Sikar. However, the learned lower appellate court vide order dated 05.01.2024, dismissed the appeal and affirmed the judgment of conviction and sentenced dated 13.12.2017 passed by the learned trial court.

3. Learned counsel for the accused-applicant submits that the accused petitioner was on bail during trial as well as during pendency of the appeal and he did not misuse the said liberty. He further submits that there is no evidence available on record that the applicant was driving the vehicle in rash and negligent manner. The applicant is in custody since 05.01.2024 and there is no immediate prospect of the writ petition being heard