SADHU RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition was admitted to consider the question whether the petitioner be released on probation.

(2.) THE petitioner is a young driver aged 33 years and was working with the Haryana Roadways a government undertaking. He has been convicted under section 304 -A. Indian penal Code and sentenced to six months rigorous imprisonment. He has also been convicted under section 279, Indian Penal Code and sentenced to two months rigorous imprisonment. Both the sentences have been ordered to run concurrently. The question is whether he be released on probation in lieu of sentence.

(3.) SOME facts need be noticed to facilitate answering the question. The prosecution alleged that the bus which the driver was driving, had run over a small boy named Sanjay. The prosecution did not produce the post mortem report to conclusively establish that fact. However, it stands undisputed, and rather it has been admitted by the petitioner, that the young boy died on account of accident. The explanation of the petitioner that he tried his best to save the child, was not accepted by the Courts below. However, it has been established that the breaks of the bus were loose and this was one of the factors which went to indicate the negligence of the driver as observed by the Courts below. The fact of the petitioner having driven the Haryana Roadways bus as supplied to him roadworthy by the depot, is a contributory factors towards minimising his due for prison sentence. The fact that he stopped the bus at some distance too shows that he was not calls or indifferent to what had come by. In addition thereto, the petitioners reported to be first offender and nothing adverse is an impression in my mind that instated of his remaining incarcerated in jail, he should be reclaimed back by adopting the reformatory process. Accordingly, let the petitioner execute a bond in the sum of Rs. 5,000/ - with one surety of the like amount under section 4 of the Probation of Offenders Act, before the trial Court, operative for a period of one year, binding himself to come and receive sentence when called upon to do so, and in meantime, to keep the peace and be of good behavior. This Petitioner partially allowed to this extent.