Uma Shankar vs State
2004 Latest Caselaw 579 Del

JUDGMENT

R.S. Sodhi, J.

1. This revision petition is directed against the order dated 31.01.2001 of the learned Additional Sessions Judge in Crl.A. No. 41/1999 arising out of the order dated 23.09.1999 of the learned Metropolitan Magistrate whereby the learned Magistrate has held the petitioner guilty under Section 304-A IPC and vide separate order sentenced him to undergo R.I. for nine months with a fine of Rs.3000/- and default of payment of fine to further undergo S.I. for three months.

The learned Additional Sessions Judge dismissed the appeal.

2. Learned counsel for the petitioner submits that he does not wish to challenge the conviction on merits but submits that this is a fit case where accused can be admitted to the benefit of the Probation of Offenders Act. He submits that the incident took place as far back as in 1992. The petitioner has been facing the ordeal of trial for over eleven years. Learned counsel for the State submits that in the facts and circumstances of this case he would not be averse to the benefit of the Probation of Offenders Act being extended to the petitioner.

3. Having heard learned counsel for the parties and having given my careful consideration to the material available on record, I am of the view that in the present case, the petitioner has suffered the agony of trial lasting for about eleven years. There is no allegation that the petitioner is a previous convict. Keeping these circumstances in mind and the fact that the offence of which the petitioner has been convicted is not punishable with life imprisonment, he deserves the benefit of probation under Section 4 of the Probation of Offenders Act, 1958.

4. In this circumstance, while maintaining the conviction of the petitioner, the order of sentence of fine is set aside. Having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is considered expedient to release him on probation of good conduct. It is, therefore, directed that the petitioner be released for a period of one year on his entering into a personal bond in the sum of Rs.10,000/- (rupees ten thousand) with one surety in the like amount to appear and receive sentence as and when called upon during such period and, in the meantime, the petitioner shall keep peace and be of good behavior. The requisite bonds to be furnished by the petitioner and the surety to the satisfaction of the trial court/CMM/ACMM. The fine, if already paid shall be related as litigation expenses to the State.

5. With this modification, the order under challenge is upheld. The petition stands disposed of. Fresh bonds and surety, as directed to be furnished, shall be furnished within a period of one week failing which the sentence awarded by the trial court shall come into effect.