ABDUL JABBAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this criminal revision petition, challenge is made to the order of the trial court so as the appellate court convicting the petitioner for offence under sections 279, 337 and 304 -A IPC. He has been sentenced to undergo 6 months imprisonment and fine of Rs. 200/ -, in default, to undergo six days' imprisonment for offence under section 279 IPC. For offence under section 337 IPC he has been sentenced to undergo six months simple imprisonment and fine of Rs. 100/ -, in default, to undergo three days simple imprisonment and for offence under section 304 -A IPC, he has been sentenced to undergo one year's imprisonment and fine of Rs. 1000/ -, in default, to undergo 20 days simple imprisonment. All the sentences were ordered to run concurrently. Learned counsel for petitioner is not contesting the revision petition so far as order of conviction is concerned, however, prays for benefit of probation to the petitioner which was denied by the court below. Reference of the judgment of the Hon'ble Apex Court in the case of "Paul George versus State of NCT Delhi" reported as : (2008) 4 SCC 185 has been given wherein benefit of probation has been extended even for offence under section 304A IPC.

(2.) I have considered the submissions and find that the accident said to have caused by the bus while the deceased was standing on the side of the road. The way accident said to have taken place should cause crush injuries on the leg of the deceased which does not exist in the medical report. In any case, order of conviction has not been challenged thus I am not causing interference therein. However, I am inclined to extend benefit of probation to the petitioner looking to the facts of this case. A long period has already elapsed after the accident and it is first offence of the petitioner as per statement of the learned counsel In view of aforesaid, conviction of the petitioner for offence under sections 279, 337 and 304A IPC is maintained. In view of the judgment of the Hon'ble Supreme Court in the case of Paul George (supra), petitioner is extended benefit of probation for offence under sections 279, 337 and 304A IPC. Hence, order of sentence is set aside. I order to release the accused petitioner on probation with the condition that he shall furnish a personal bond of Rs. 10,000/ - along with a surety in the like amount to the satisfaction of the trial court for a period of one year to keep peace and maintain good behaviour during that period. The accused petitioner shall furnish required bail bonds within a period of 15 days from today. His bail bonds are cancelled. In view of aforesaid, criminal revision petition stands disposed of. Record be sent back.