STATE OF H.P. Vs. SUBHASH CHAND

JUDGEMENT

(1.) This order will dispose of an application under Sec. 4 of the Probation of Offenders Act, 1958 for releasing the applicant/accused on probation.

(2.) It has been asserted that the applicant was aged 29 years at the time of the commission of the offence. He is married and has two school going children aged about 14 years and 08 years. The applicant's wife is posted as a clerk in the office of Sub Divisional Collector, Nahan. The mother of the applicant is dependent upon him. The applicant has no criminal antecedents. A criminal case was registered against him vide FIR No. 57 of 2011, dtd. 3/4/2011 in which he was acquitted. The applicant is in a regular Government job and is employed as a driver in Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni. The applicant has faced the trial for five long years and was acquitted on 11/2/2010. He has already spent 18 years in litigation. Hence, the benefit of the Probation of Offenders Act be granted to the petitioner.

(3.) I have heard Mr. P.S. Goverdhan, learned Senior Counsel, assisted by with Mr. Rakesh Thakur, learned Counsel for the applicant and Mr. Jitender Sharma, learned Additional Advocate General for the respondent-State.