IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.3093 of 2009 Date of Decision:- 24.12.2009 Bishant Kumar @ Lucky ....Petitioner(s) vs. State of Punjab ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Krishan Sehajpal, Advocate, for the petitioner. Mr.Amandeep Singh Rai, AAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (ORAL) The present petition is against the judgment and order of the Courts below whereby the petitioner has been convicted and sentenced under Sections 279 and 304-A IPC. Vide judgment and order dated 28.3.2007 passed by the Sub Divisional Judicial Magistrate, Nawanshahr, the accused-petitioner has been convicted under Section 304-A IPC and sentenced to undergo rigorous imprisonment for a period of one year and to deposit a fine of Rs.2000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month, while under Section 279 IPC, he has been convicted and sentenced to undergo rigorous imprisonment for a period of three months and to deposit a fine of Rs.500/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of seven days. Both the sentences were, however, ordered to run concurrently. However, on appeal filed by the petitioner, vide judgment and order dated Crl.Rev.No.3093 of 2009 -2- 11.11.2009 passed by the Additional Sessions Judge, Nawanshahr, his sentence has been reduced under Section 304-A from one year to 8 months and under Section 279 IPC, from three months to one month. Hence the present revision. At the preliminary hearing, counsel for the petitioner did not press the present petition on merits, but states that in the light of the fact that the petitioner has been facing trial and appellate proceedings for the last about 10 years, the Court may interfere in the quantum of sentence only. Accordingly, notice of motion was issued only on the limited question of quantum of sentence. It has been contended that the petitioner is not a previous convict. He is the sole bread winner of the family and newly married. He is working as peon in a Government High School and due to his conviction in this case, he might lose his job. The petitioner is ready and willing to compensate monetarily the family of the deceased and prays for being released so that he is in a position to support his family failing which the family would be starved. Therefore, it is prayed that he may be released on probation. Keeping in view the totality of the circumstances of the case and in the light of the fact that it was a solitary accident and the petitioner is the sole bread-winner of the family, apart from the fact that he is facing trial and appellate proceedings for the last about 10 years and is not a previous offender, the ends of justice would be sufficiently met if he is released on probation. Accordingly, the revision petition is partly allowed. The order Crl.Rev.No.3093 of 2009 -3- of conviction passed against the present petitioner is maintained whereas the order of sentence is set aside and the petitioner is ordered to be released on probation for a period of one year upon executing bonds of Rs.5,000/- within a period of 30 days from the date of receipt of copy of this order, to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Nawanshahr, however, subject to payment of compensation of Rs.35,000/- to the legal representatives of deceased Paramjit Singh, to be deposited by the petitioner within a period of three months in the Court of Chief Judicial Magistrate/Duty Magistrate, Nawanshahr. The amount so deposited shall be disbursed to the legal representatives of the deceased-Paramjit Singh within a period of two months from the date of deposit. He shall also file an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive the sentence during the said period as and when called upon to do so. The amount of fine if already deposited, shall be treated as costs of the proceedings. The release of the petitioner on probation shall come into effect from the date of deposit of the compensation amount by the petitioner, as assessed above. In case of failure of the petitioner to deposit the amount within the time stipulated, the sentence awarded by the Additional Sessions Judge, Nawanshahr, vide order dated 11.11.2009 shall come into operation. December 24, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE