RISHI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was prosecuted for offences under Sections 304A and 427 IPC. He was convicted and sentenced to undergo RI for a period of one and a half years under Section 304A IPC coupled with fine of Rs.2,000/-. In default of payment of fine, he was further directed to undergo RI for one month.

(2.) The petitioner was driving Haryana Roadways bus, which hit the scooter. The petitioner claims that he is an excellent driver and has been driving the bus for continuously number of years. He has also been given certificate in this regard. Counsel accordingly pleads that case for release of the petitioner on probation is made out.

(3.) Contrary to this, the State counsel has placed before me a judgement in the case of Dalbir Singh Vs. State of Haryana, 2000 5 SCC 82, where the Hon'ble Supreme Court has not approved the action of the Courts in releasing the persons convicted for offence under Section 304A on probation by giving benefit of the Probation of Offenders Act.