Supreme Court - Daily Orders
Satpal Singh vs State Of Haryana on 17 August, 2018
Bench: R. Banumathi, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 1035 of 2018
(Arising out of SLP(Crl.)No.6540 of 2018)
SATPAL SINGH Appellant(s)
VERSUS
STATE OF HARYANA Respondent(s)
O R D E R
Leave granted.
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.
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.
We have heard learned counsel for the appellant and also learned counsel appearing for the respondent-State.
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- Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.08.17 related ailment and is the only person to support his family. 14:14:13 IST Reason:
Having regard to the submissions and the fact that the accident took place in the year 2008, the sentence of 2 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.
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. In view of above, the appeal is partly allowed.
..........................J. (R. BANUMATHI) ..........................J. (VINEET SARAN) NEW DELHI, AUGUST 17, 2018.
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OUT-TODAY
ITEM NO.51 COURT NO.12 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6540/2018
(Arising out of impugned final judgment and order dated 21-11-2017 in CRR No. 1515/2009 passed by the High Court Of Punjab & Haryana At Chandigarh) SATPAL SINGH Petitioner(s) VERSUS STATE OF HARYANA Respondent(s) Date : 17-08-2018 This petition was called on for hearing today. CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE VINEET SARAN 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 O R D E R Leave granted.
In terms of the signed, the appeal is partly allowed and the appellant is ordered to be released forthwith. Pending applications, if any, shall also stand disposed of.
(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER
(Signed order is placed on the file)