ORAL ORDER :- By way of Criminal Application No. 3746 of 2006, the applicant is seeking modification of the substantive sentence of imprisonment for a period of six months with fine of Rs. 500/- in default to suffer further rigorous imprisonment for offence punishable under section 279 of the Indian Penal Code and rigorous imprisonment for a period of two years with fine of Rs. 1,000/- in default to suffer simple imprisonment for one month for offence punishable under section 304A of the Indian Penal Code as per the judgment and order dated 3-10-2001 in Regular Criminal Case No. 21 of 1996 and confirmed by the learned Ad hoc District Judge - 1, Jalgaon, vide judgment dated 30-102006 in Criminal Appeal No. 62 of 200l. 2. It is not in dispute that the offence was registered as an outcome of an accident. The incident had taken place in the year 1995. A period of 11 years has lapsed thereafter. The present applicant and the first informant are known to each other. The first informant has realised that the incident was the outcome of an accident and not a deliberate act on the part of the applicant. He is not interested to see that the applicant undergoes the custody. The applicant has also paid an amount of Rs. 25,000/-. In addition to the same, the family of the deceased was awarded compensation by the Motor Accident Claims Tribunal. The applicant as well as the first informant have jointly prayed that the sentence may be modified to the period of sentence already undergone by the applicant. 3. The applicant so also the first informant are personally present in the Court. Though the offences are non-compoundable, I think that this is a fit case wherein the order of sentence can be modified to the sentence already undergone by the applicant. In that view of the matter, I am inclined to allow Criminal Application No. 3746 of 2006. 4. Criminal Revision Application No. 367 of 2006 and Criminal Application No. 3746 of 2006 are allowed in terms of prayer clause (B) of Criminal Application No. 3746 of 2006. Application allowed.