New Delhi, Jan 11 (PTI) A 60-year-old man convicted in a rash and negligent driving case that led to the death of a cyclist in 2017, was granted the benefit of probation by a court here in view of the long
pendency of the case, his age and family responsibilities.
Additional Sessions Judge Purshotam Pathak was hearing an appeal filed by Mahesh Chander, whose conviction under Sections 279 and 304A of the IPC had earlier been upheld, along with a sentence of one year's simple imprisonment and payment of prosecution expenses.
According to the prosecution, on the night of April 12, 2017, the accused was driving a truck on Shivalik Road, opposite Liberty showroom, towards Panchsheel Park in the Malviya Nagar area, when he drove the vehicle in a rash and negligent manner.
The prosecution alleged that the truck hit a cyclist, Ram Naval, from behind, resulting in his death.
While hearing arguments on the sentence from the appellant's side, the court noted that the incident had taken place nearly eight years ago and the appellant had already suffered the ordeal of trial for a prolonged period.
The judge also took into account the probation officer's report, which stated that the appellant was a married man living in Firozabad, Uttar Pradesh, with his wife and four children and had no prior criminal record.
Opposing the plea, the prosecution argued that no leniency should be shown as the offence had resulted in the loss of a human life.
However, the court observed that although the appellant had caused death by a rash and negligent act, sending him to jail at the age of 60 would serve no useful purpose.
In the judgment dated January 6, the court noted, "There can be no dispute that the appellant has caused death by his rash and negligent act. But then, it also cannot be ignored that the offence took place more than 08 years back and the appellant has already faced the pangs and suffered agony of trial."
"He is living a settled life and in case he is sentenced, he will be stigmatized and his life will be ruined," the court said.
Also, a "settlement was executed between the legal representatives (LR) of deceased and insurance company where Rs 13.34 lakhs have been paid as compensation to the LRs of deceased", it said.
"Therefore, a lenient view may be taken," the court noted.
Relying on judicial precedents permitting the grant of probation in appropriate cases under Section 304A IPC, the court modified the sentence and directed that the appellant be released on probation for one year on furnishing a personal bond of Rs 30,000 with one surety of the like amount.
The court clarified that during the probation period the appellant must maintain peace and good behaviour, failing which he could be called upon to undergo the sentence in accordance with law. PTI MDB NB
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