PRADEEP KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This order shall dispose of an application filed by the applicant/appellant under Sec. 430(1) and (2), read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), seeking suspension of sentence awarded by the learned Additional Sessions Judge, Kinnaur at Rampur Bhshahr, H.P., vide judgment of conviction, dtd. 1/12/2023 and order of sentence dtd. 2/12/2023 in Case No. 29/2019, for the commission of offences punishable under Ss. 279, 337, 338, 304AA of the Indian Penal Code (for short 'IPC') and Ss. 185 and 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 proving the guilt of the accused beyond reasonable doubt by leading relevant and cogent evidence and the judgment of conviction passed by the learned trial Court suffers from no infirmity. It is also been averred in the application that the applicant has been convicted after full fledged trial, as such, there is no presumption of innocence in his favour.

(3.) I have heard the learned counsel for the applicant/appellant as well as learned Additional Advocate General and have also gone through the material available on record.