Crl.Rev.No.1918 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1918 of 2009 (O&M) Date of Decision:- 05.10.2009 Kashmir Singh ....Petitioner(s) versus. State of Haryana ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Gobind Dhanda, Advocate, for the petitioner. Mr.A.K.Jindal, AAG Haryana *** AUGUSTINE GEORGE MASIH, J. The present revision has been preferred against the judgment and order dated 6.6.2008/10.6.2008 passed by the learned Chief Judicial Magistrate, Faridabad, vide which the petitioner has been convicted and sentenced under Sections 279 and 304-A IPC and the order dated 2.7.2009 passed by the Additional Sessions Judge, Faridabad, vide which the appeal preferred by the petitioner has been dismissed. Under section 279 IPC, the petitioner has been sentenced to undergo simple imprisonment for a period of six months and for offence under Section 304-A IPC, he has been sentenced to undergo simple imprisonment for a period of one year. Both the sentences were,however, ordered to run concurrently. Counsel for the petitioner submits that he does not want to press the present petition on merits of the case. However, he submits that the petitioner is the sole bread-winner of his family and has to support his Crl.Rev.No.1918 of 2009 (O&M) 2 family. He further contends that the petitioner has faced the agony of trial/appeal for the last more than 8 years and, therefore, he may be enlarged on probation. After the conviction also, the petitioner has undergone sentence of three months and 2 days. Counsel, contends that the petitioner is ready and willing to compensate monetarily the family of the deceased and prays for being released on probation so that he is in a position to support his family failing which the family would be starved. Counsel for the respondent-State has been unable to rebut the contentions which have been raised by the counsel for the petitioner. Keeping in view the totality of the circumstances of the case and in the light of the fact that the petitioner has a family to support and being the sole bread-winner of the family apart from the fact that he has been facing the agony of trial/appeal for the last more than 8 years, taking a lenient view in the matter, the substantive sentence of the petitioner is modified. The petitioner is granted probation for one year by ordering that he shall execute surety bonds to the satisfaction of the Chief Judicial Magistrate, Faridabad, undertaking therein that during the probation period of one year, he shall not commit any offence and shall keep peace and be of good behaviour. In case the petitioner commits any breach of surety bonds, he shall receive the sentence as and when called upon by the Court. The petitioner shall also pay a sum of Rs.30,000/- by way of compensation to the family of Rahisa who died in the accident, in the Court of Chief Judicial Magistrate, Faridabad, which shall be disbursed to her family forthwith. This order shall come into effect from the date when the amount of compensation is deposited by the petitioner with the Court of Chief Judicial Magistrate, Faridabad. On deposit of the compensation, the Crl.Rev.No.1918 of 2009 (O&M) 3 petitioner is ordered to be released forthwith so that he may be able to execute the necessary surety bonds in the Court of Chief Judicial Magistrate, Faridabad. With the above modification, the revision petition stands disposed of. October 05, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE Whether referred to Reporters:- Yes/No