(R. Banumathi and Vineet Saran, JJ.)
Satpal Singh _______________________________________ Appellant
v.
State of Haryana ___________________________________ Respondent
Criminal Appeal No(s). 1035 of 2018 [Arising out of SLP(Crl.) No. 6540 of 2018], decided on August 17, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. The appellant has been convicted under Section 304-A I.P.C. and sentenced to undergo rigorous imprisonment for two years. The appellant was also convicted for the offence punishable under Section 279 I.P.C. and sentenced to undergo six months imprisonment.
3. The case in the nutshell is as follows. The deceased child-Ashish aged about four years was going along the barat party and while crossing the road he got stuck in the rear wheel of the bus driven by the accused-appellant. The notice in this matter was issued limited to the quantum of sentence.
4. We have heard learned counsel for the appellant and also learned counsel appearing for the respondent-State.
5. The appellant is said to have already undergone imprisonment of six months and two days. It is stated that the appellant who is around 65 years old and suffering from age-related ailment and is the only person to support his family.
6. Having regard to the submissions and the fact that the accident took place in the year 2008, the sentence of imprisonment of two years (under Section 302-A I.P.C.) is reduced to the period already undergone by the appellant. However, the appellant is to pay a fine of Rs. 75,000/- (Rupees Seventy Five Thousand) which may be deposited before the trial court concerned.
7. The appellant is ordered to be released forthwith. The appellant is granted four weeks’ time to deposit the fine amount. On such deposit, the same shall be paid as compensation to the parents of the deceased-Ashish. In default thereof, the appellant shall surrender to custody to undergo further period of imprisonment of six months.
8. In view of above, the appeal is partly allowed.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6540/2018
Satpal Singh _______________________________________ Petitioner
v.
State of Haryana ___________________________________ Respondent
Date : 17-08-2018 This petition was called on for hearing today.
(Before R. Banumathi and Vineet Saran, JJ.)
For Petitioner(s) Mr. Akshat Goel, AOR
For Respondent(s) Mr. Anil Grover, AAG
Ms. Noopur Singhal, Adv.
Mr. Sanjay Kumar Visen, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. In terms of the signed, the appeal is partly allowed and the appellant is ordered to be released forthwith.
11. Pending applications, if any, shall also stand disposed of.
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