Gurmukh Singh vs State of Punjab

Alok Singh, J.—Custody certificate handed over in Court today is taken on record.

Petitioner was found guilty under Sections 304-A/337 of the Indian Penal Code by the learned Trial Court and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 300/- u/s 304-A IPC and in default of payment of fine to undergo simple imprisonment for five days. He was further sentenced to undergo rigorous imprisonment for a period of three months and to pay a fine of Rs. 200/- u/s 337 IPC and in default of payment of fine to undergo further simple imprisonment for five days. All the sentences were ordered to run concurrently. In appeal preferred by the accused/Petitioner, learned Appellate Court/Additional Sessions Judge (Ad hoc) Fast Track Court, Gurdaspur, vide judgment dated 8.12.2010, affirmed the sentence awarded by the learned Trial Court and appeal filed by the accused/Petitioner herein was dismissed.

Learned Counsel for the Petitioner states that he is not pressing this revision on merit and is not challenging the conviction of the accused under Sections 304-A/337 IPC. Learned Counsel for the revisionist further submits that revisionist should be released on probation u/s 4(1) of the Probation of Offenders Act, 1958. He has placed reliance on the judgment of the learned Single Judge of this Court in the matter of Sansar Singh v. State of Punjab, Criminal Revision No. 658 of 2002 decided on 10.3.2009.

Ms. Bhavna Gupta, DAG, Punjab, states that Petitioner/revisionist is the first time offender and no other criminal case is pending against him. She further submits that the accused/Petitioner has undergone sentence for a period of about one month and thirteen days.

Having heard learned Counsel for the parties and having perused the record, Petitioner is ordered to be released on parole u/s 4(1) of the Probation of Offenders Act, 1958 for a period of one year on furnishing his personal bond and surety bonds to the satisfaction of the trial Court. However, fine imposed upon the Petitioner is enhanced to Rs. 20,000/- over and above the fine already imposed by the Trial Court. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court to be paid to the L Rs of the deceased as compensation u/s 357 Code of Criminal Procedure 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. The Petitioner shall also file an undertaking before the Trial Court that he would act like a disciplined citizen and will not indulge in any crime of the same nature during the period of probation.

With above mentioned modification, this revision petition stands disposed of.