VIKRAM ABROL Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 Ss. 279 and 304A IPC and sentenced to maximum punishment for two years vide judgment dtd. 21/11/2019 passed by learned Judge, Gram Nyayalaya, Neemrana in Criminal Original Case No. 23/449/13. The accused petitioner challenged the aforesaid judgment of conviction and sentence in appeal (No. 29/2019) before the learned Addl. Sessions Judge No. 2, Behror, Alwar. The learned appellate court vide judgment dtd. 5/3/2024, partly allowed the appeal and while maintaining the conviction of the accused petitioner for offences under Sec. 279 and 304A IPC, has awarded maximum sentence of six months for offence under Sec. 304A IPC.

(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 5/3/2024 and there is no immediate prospect of the instant criminal writ petition being heard and decided in near future. Learned counsel thus, prays that the instant application for suspension of sentence may be accepted and the accused-petitioner may be released on bail during pendency of the writ petition.