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2016 DIGILAW 2633 (PNJ)

Parveen Kumar v. State of Punjab

2016-09-20

AJAY TEWARI

body2016
JUDGMENT : 1. This is a revision filed by the petitioner against the concurrent orders of conviction and sentence of the Courts below whereby he was sentenced to undergo imprisonment for the commission of offence under Sections 279, 337 and 304-A IPC as under:- Sr. No. Under Section Sentence Fine In default 1. 279 IPC To undergo RI for 6 months Rs.200/- To undergo SI for one month. 2. 337 IPC To undergo RI for 6 months Rs.200/- To undergo SI for one month. 3. 304-A IPC To undergo RI for one year. Rs.500/- To undergo SI for one month. 2. All the sentences were ordered to run concurrently. 3. On 05.12.2012 when the case come up for hearing, learned counsel for the petitioner has stated that he would not press this petition on merits but argue on sentence. He has further argued that the petitioner is a first offender and was young when the accident took place. The petitioner has undergone 11 months imprisonment out of the total sentence of one year and has learnt his lesson and is eligible for probation. Learned counsel for the petitioner further prays that benefit of Section 4 of the Probation of Offenders Act be granted to him since the offences are such for which this benefit can be granted. 4. Learned DAG has accepted that the claim of the petitioner for probation can be considered. 5. In the circumstances, keeping in view the nature of the offences and the fact that the petitioner is not a previous convict, it is directed that he be released on probation of good conduct on his furnishing personal bonds in the sum of Rs. 20,000/- with one surety each in the like amount to keep peace and be of good behaviour for a period of two years and to receive the sentence as and when called upon to do so during the said period of two years. The requisite bonds will be furnished before the trial Court within a period of one month from the date of receipt of a certified copy of this order failing which he will undergo sentence imposed upon him by the trial Court. 6. With the modification in the quantum of sentence the aforesaid revision petition is dismissed. 7. Since the main case has been decided, the Criminal Misc. Application, if any, also stands disposed of.