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2011 DIGILAW 271 (PNJ)

Tarlochan Singh v. State of Punjab

2011-01-21

ALOK SINGH

body2011
JUDGMENT ALOK SINGH, J This revision petition is filed by the revisionist – petitioner against the judgment dated 8.11.2010 passed by learned Addl. Sessions Judge, Ferozepur as well as judgment dated 20.10.2009 passed by the learned Judicial Magistrate First Class, Jalandhar, whereby petitioner is convicted under Section 304-A IPC and was awarded sentence of R.I. for one year and fine of Rs.1000/-. At the outset, learned counsel for the petitioner does not challenge the conviction of the petitioner. He further states that since sentence awarded is one year, hence, petitioner is liable to be released on probation under the Probation of Offenders Act. Petitioner is not a hardcore criminal. Sending him to jail in the company of criminals is not desirable. In the opinion of this Court, one opportunity to reform by releasing on probation ordinarily should be granted. Considering totality of the facts and circumstances of the case, while maintaining the conviction of the petitioner, the present petition is disposed of with the direction that petitioner be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing his personal bond and undertaking with one surety to the satisfaction of the learned Trial Court that he will keep peace and be of good behaviour. In case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the petitioner is enhanced to Rs.20,000/-. The petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. On deposit so being made, the Trial Court shall issue notice to the legal representatives of the deceased and disburse the amount to them forthwith. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall stand revived automatically. With above mentioned modification, this revision petition stands disposed of.