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2002 DIGILAW 486 (PNJ)

Pawan Kumar v. State Of Punjab

2002-05-01

K.S.GAREWAL

body2002
Judgment K.S.Garewal, J. 1. Notice to Advocate General, Punjab today, accepted by Mr. I.P.S. Sidhu, DAG, Punjab. 2. The petitioner was tried by learned Judicial Magistrate 1st Class, Ludhiana on a charge under Sections 279/337/338 IPC. He was found guilty and sentenced to undergo R.I. for six months under Section 337 IPC and to pay a fine of Rs. 1,000/-, in default to further undergo R.I. for 15 days. There were concurrent sentences under other Sections as well. The appeal filed by the petitioner was dismissed without any modification. 3. Counsel for the petitioner has not seriously contested the conviction but has prayed for suspension of sentence and release of the petitioner on probation. According to the counsel, the petitioner belongs to Delhi and had come to Ludhiana for some work. He was not a professional driver. He was 55 years of age and was not driving the car rashly and negligently. He was a first offender and the sole bread winner of the family. 4. The injured has filed an application under the Motor Vehicles Act before the Tribunal which is pending. As conviction has not been challenged, release on probation would not have any effect on the liability of the petitioner to pay compensation in case the claim application is allowed. 5. Above circumstances do not warrant further detention of the petitioner in custody. Sentence is hereby suspended on the condition that the petitioner furnishes All India Criminal Law Reporter 2002(3) personal bond with two sureties in the like amount in the sum of 20,000/- each to the satisfaction of trial Court. Petitioner shall be on probation or one year without supervision. Petition is disposed of in the above terms. Order accordingly.