Criminal Revision No. 705 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 705 of 2008 Date of decision:- 14.5.2008 Dilbag Singh ...Petitioner. Versus State of Haryana. ...Respondent. CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sudhir Sharma, Advocate for the petitioner. Mr. Navneet Singh, AAG, Haryana. RAJESH BINDAL J. The present petition is for setting aside of the judgment of the court below whereby the petitioner has been convicted to undergo rigorous imprisonment for a period of six months under Section 279 IPC and further rigorous imprisonment for 2 years under Section 304 A IPC. At the time of motion hearing, learned counsel for the petitioner had restricted his claim in the petition for release of the petitioner on probation and notice was issued to the respondent only on that account. Learned counsel for the petitioner submits that the petitioner in the present case was convicted for offence under Section 279, 304 A IPC. The allegations in the FIR were that Sonu Kumar died on account of rash and negligent driving of tractor by the petitioner. To substantiate his claim for release on probation, learned counsel for the petitioner submits that the petitioner in the present case is first convict. Even thereafter he has not been involved in any accident. He is in custody for the last about 2 months Criminal Revision No. 705 of 2008 2 and 20 days. He is the sole bread earner of the family, he has two minor daughters and one blind father to support. He further submits that the accident in which Sonu Kumar died is unfortunate, still the mother of the deceased, namely, Smt. Bimla Devi has received a sum of Rs. 1,00,000/- as compensation in the claim petition filed under the Motor Vehicles Act, 1988. Reliance has been placed upon two judgments of this Court in Girdhari Lal versus State of Punjab, 2007 (1) RCR (Criminal) 988 and Lal Singh versus State of Haryana, 1993 (3) RCR (Criminal) 231. After hearing learned counsel for the parties I find that the facts stated by the petitioner for consideration of his claim for release on probation are sufficient mitigating circumstances to extend him the benefit thereof. Though the only son of the old lady had expired in the unfortunate accident, however, still the petitioner is also sole bread earner in the family having two minor girl child and blind father to support. Keeping in view my above observation, the present petition is disposed of with the direction that the sentence awarded to the petitioner is modified to the extent that instead of undergoing the imprisonment for the remainder sentence, the petitioner shall be released on probation on his executing bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani. The petitioner is also directed to file an undertaking to keep peace and maintain good behaviour and to appear and undergo sentence as and when called upon to do so. He is further directed to deposit a sum of Rs. 85,000/- in the court below for disbursement to the mother of the deceased namely Smt. Bimla Devi wife of Sh. Ram Kishan resident of village Sai, Tehsil and District Bhiwani. The release of the petitioner on Criminal Revision No. 705 of 2008 3 probation shall be subject to deposit of amount mentioned above. The mother of the deceased, namely, Smt. Bimla Devi shall be informed of this order so as to enable her to get the amount released from the Court. Non- deposit of the amount shall mean dismissal of the present petition. The petition is disposed of in the manner indicated above. May 14, 2008 ( RAJESH BINDAL ) ritu-II JUDGE