KADAM SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned AAG for the State of Haryana. This revision has been filed against judgment dated 30.10.1996 passed by Additional Sessions Judge, Rohtak. The appellate Court maintained the conviction of the petitioner recorded by the trial Magistrate of offences punishable under Sections 279 and 304 -A, IPC but reduced the sentence to six months imprisonment under Section 279 IPC and six months imprisonment with fine of Rs. 1000/ -. In default of payment of fine the petitioner was directed to suffer further R.I. for three months. The substantive sentences were ordered to run concurrently. Learned counsel for the petitioner has not challenged the findings recorded by the Courts below on merit in so far as the conviction is concerned. He has confined this revision only to the prayer that the petitioner -revisionist be extended the benefit of Section 4 of the Probation of Offenders Act, 1958 and instead of being asked to suffer the imprisonment he should be enlarged on probation. Reliance has been placed on the judgment of this Court in the case of Man Parkash v. State of Haryana, 1996 (1) RCR 437 wherein such benefit was extended to the revisionist who was found to be sole bread -earner in the family. Learned counsel for the revisionist contends that in the instant case also the revisionist is the sole bread -earner and has to support his family comprising of his wife and three children. That being so, the revision deserves to be accepted partly and the revisionist deserves to be extended the benefit under Section 4 of the Probation of Offenders Act. The revisionist shall be enlarged on probation for a period of two years subject to his filing personal bond for a sum of Rs. 10,000/ - with one surety in the like amount to the satisfaction of the learned trial Magistrate, Rohtak. During the period of probation the revisionist shall keep peace and be of good behaviour. He shall appear before the Court of the concerned trial Magistrate as and when he is called upon to receive the sentence for committing default of any of the conditions. Bail bond shall be filed within two weeks from the date of the receipt of copy of this order. The revision is disposed of accordingly. Order accordingly.