Rajender Singh vs State of Haryana

Alok Singh, J.—Petitioner was found guilty under Sections 279 and 304-A of the Indian Penal Code and was sentenced to go rigorous imprisonment for a period of six months for the commission of offence u/s 279 IPC. He was further sentenced to undergo rigorous imprisonment for a period of one year for the commission of offence u/s 304-A IPC. In appeal preferred by the accused/Petitioner, learned Appellate Court/Additional Sessions Judge Nuh, vide judgment dated 23.2.2010, affirmed the sentence awarded by the learned Trial Court and appeal filed by the accused/Petitioner herein was dismissed.

Learned Counsel for the Petitioner as well as for the complainant have stated that matter has been amicably settled and complainant does not want to send the Petitioner in jail pursuant to the impugned order.

Learned Counsel for the Petitioner has vehemently argued that in view of the compromise arrived at between the parties, Petitioner may be released on probation.

I have heard learned Counsel for the parties and gone through the record. The sword of Damocles is not to hangover the head of the Petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. Undisputedly he is first time offender. To my mind incarnation of the Petitioner into jail would not serve the purpose. The present case was registered against the Petitioner on 23.6.2009. In the jail, there is every possibility of his coming into contact with hardcore criminals.

Considering totality of the facts and circumstances of this case while maintaining the conviction of the Petitioner in this case, I direct that the accused/Petitioner be released on probation u/s 4(1) of the Probation of Offenders Act on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year

With above mentioned modification in the matter of sentence, this revision petition is disposed of.