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1988 DIGILAW 532 (RAJ)

Tara Chand v. State of Rajasthan

1988-08-10

D.L.MEHTA

body1988
JUDGMENT 1. - Heard learned counsel for the petitioner and the learned Public Prosecutor for the State. 2. I do not find any infirmity in the judgment of the trial court as far as the conviction is concerned. The conviction is maintained. The revision petition on the point of conviction is rejected. 3. Learned counsel for the appellant has invited my attention to the judgment of the Hon'ble Supreme Court reported in 1962 (1982 Cr. LR. (SC) 7) in which their Lordships were considering the provisions for extending benefit of the Probation of Offenders Act to the accused in a case under section 304-A. IP... The real sentence to the driver is the suspension of licence so that be can feel that he has committed a negligent act and he has been deprived of his job for that reason. 4. In the facts and circumstances of the case, I direct that the licence of the driver in the present case be suspended for two years. However, I set aside the order of sentence passed by the trial court and instead of sentencing him at once. I extend the benefit of Probation of Offenders Act read with Section 360 Cr. P.C. to the accused and direct that he be released on probation on his furnishing a personal bond of Rs. 5,000/- with a surety of like amount within a period of two months to the satisfaction of the trial court for keeping peace and be of good behaviour for a period of two years.The appeal is disposed of accordingly.Petition dispose of. *******