ORDER : 1. By way of this application, filed under Section 439 of the Cr.P.C., the petitioner has prayed for grant of bail from custody on account of sentence having been imposed upon him by the Court of learned Additional Chief Judicial Magistrate, Court No.2, Shimla, H.P., in Criminal Case No.1-3 of 2018, decided on 27.11.2018, titled as Sanjay Kumar vs. Basant Singh, which has been upheld by the Court of learned Additional Sessions Judge(I), Shimla, H.P., in Criminal Appeal No. 2-S/10 of 2019, decided on 01.01.2020, titled as Basant Singh Vs. Sanjay Kumar. 2. Having heard learned counsel for the petitioner as well as learned Additional Advocate General, this Court is of the considered view that the present petition is misconceived and not maintainable as the course available for the petitioner is to pray for suspension of the sentence and not to approach this Court under Section 439 of the Cr.P.C. for grant of bail. Accordingly, this application is dismissed.