CIVIL APPEAL 497 of 1995 on 20 July 1995

In the High Court of Punjab and Haryana, Chandigarh.

Criminal Revision No. 497 of 1995

Date of Decision: 14.2.2008.

Jarnail Singh

State of Punjab

Versus

…Petitioner

…Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present: Mr. R.K.Dadwal, Advocate for the petitioner.

Mr. Mehardeep Singh, Assistant AdvocateGeneral, Punjab, for the State.

Kanwaljit Singh Ahluwalia, J. (Oral)

Jarnail Singh son of Darbara Singh, who was driving the busbearing registration No. PAB-5108 has been found by the Courts belowthat due to his act of rash and negligent driving he hit the cycle ofNawab alias Bittu due to which he died at the spot. In the present case,on July 20, 1995, at a motion hearing, learned Bench passed thefollowing order:- “Mr. K.S.Dadwal, Advocate Heard the learned counsel and perusedthe impugned order. This revision is admitted qua sentence only. The petitioner deserves to beadmitted to bail and is enlarged on bail subject to hisfurnishing bail bonds to the satisfaction of the ChiefJudicial Magistrate, Jalandhar.20.7.1995(K.K.SRIVASTAVA)JUDGE”

Since the learned Judge after hearing the counsel andperusing the impugned order found not to interfere on the merits of thecase, the Court need not to dwell on the factual position of the case.

Mr. R.K.Dadwal has very fairly stated that due to the orderpassed at the motion hearing, he will confine his argument only onquantum of sentence. It has been stated before me that in the presentcase, accident has taken place in the year 1991. A period of 17 years isgoing to lapse. From the head note of the trial Court judgement, the ageof the petitioner is given as 32 years. Mr. Dadwal has stated that in thelast 17 years, petitioner has fastened himself with many liabilities of thefamily and children. Sending him behind the bars will cause stigma andwill have an affect on the marriage prospects of his children. It has beenfurther stated at bar that petitioner, in the last 17 years, has committedno offence.

Hon’ble the Apex Courthas taken a view that in cases ofaccident, probation should not be granted. The petitioner is said to haveundergone about one week behind the bars. His sentence from one yearwas reduced to nine months by the learned Appellate Court in the year1995. For the last 13 years much water has flown.

Taking protracted trial into consideration and fact that sending the petitioner behind the bars will serve no useful purpose, I deem itappropriate to compensate the family of the deceased by awarding afine of Rs.50,000/-, which will be given as compensation to the legalheirs of the deceased. On deposit of Rs.50,000/-, the sentence ofpetitioner shall stand reduced to already undergone. Sentence of fineshall be deposited in the trial Court on 15.5.2008. Non-deposit of fine by the petitioner will render this petition as dismissed.

With these modifications, the present revision petition isdisposed off.

(Kanwaljit Singh Ahluwalia) Judge

February 14, 2008“DK”