The court has the discretion to grant the benefit of probation under the Probation of Offenders Act based on the circumstances of the case, including the petitioner's past custody, occupation, and the possibility of compensating the victim's heirs.

M.M.Aggarwal, J.

1. This is a revision petition against judgment dated 11.7.1991 of Additional Sessions Judge, Ropar vide which appeal filed by the present petitioner against judgment dated 7.9.1990 of Chief Judicial Magistrate, Ropar was dismissed. Vide that judgment of Chief Judicial Magistrate, Ropar petitioner was convicted under Section 304-A IPC and was sentenced to undergo RI for nine months and to pay fine of Rs. 500/-. In default of payment of fine to further undergo RI for one month.

2. Prosecution case against the present petitioner was that he was driving Bus bearing registration No. PBP 3699 in rash and negligent manner and came from the side of Nalagarh. He struck the same against the cycle driven by Gurnam Singh when he (Gurnam Singh) along with one Gurcharan Singh were returning ahead of SYL canal in the area of village Barampur. Gurnam Singh subsequently died. Petitioner was challaned for offence under Section 304-A IPC. He faced trial. He was accordingly convicted and sentenced as aforesaid.

3. Counsel for the petitioner did not address arguments on merits but had pointed out that occurrence, as alleged, had taken place on 18.3.1988 more than 17 years back. That petitioner has suffered quite enough and lenient view be taken.

4. In this case maximum imprisonment awarded to the petitioner is nine months only. Petitioner remained in custody for about 15 days after his appeal was dismissed by the Court of Additional Sessions Judge, Ropar. It will not be proper to send him to jail at this stage. He had been the driver of P.R.T.C. The heirs of the deceased can still be compensated.

5. Under these circumstances, I find it a fit case where benefit of probation should be given. It is directed that petitioner shall be released on probation for a period of two years under Section 4(1) of Probation of Offenders Act on his furnishing personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Ropar. The bonds shall be furnished within three months from today. During the period of probation, he will keep peace and be of good behaviour. He shall deposit Rs. 5,000/- as compensation to be paid to heirs of deceased Gurnam singh.

6. With above modification, this petition stands dismissed.