MP HC | No criminal record and only bread winner of the family: Justified ground for reduction of the punishment 

Madhya Pradesh High Court: Virender Singh, J. allowed the petition for reduction of the sentence on the ground that petitioner was the only bread winner of his family and had been diligently attended and cooperated in the trial.

A petition was made against the confirmation of the conviction and sentence under Sections 337 and 338 of the Penal Code, 1860.

The facts of the case were petitioner was driving the bus negligently and rashly due to which the bus turned turtle and the passengers were injured thereto. The charge sheet was filed against the petitioner and thereon he was charged, tried, convicted and sentenced and was directed to pay the compensation to the injured persons.

Nilesh Manore, learned counsel for the petitioner submitted that he was aggrieved by the term of the imprisonment and thus prayed to reduce the period of imprisonment as he had already served more than one-month imprisonment and the that he was facing the trial since 2008. It was further submitted that trial Court and the appellate Court itself has observed that he diligently attended and cooperated in the trial. It was further submitted that in lieu thereof, some fine may be imposed. It was further submitted that the petitioner was a driver, belongs to a poor family and was the only bread winner of his family and there was no criminal case prior to or after the incident been registered against him.

Sandeep Mehta, Public Prosecutor vehemently opposed the petition as the offence was against the public at large.

The Court opined that as the petitioner was only the bread winner of his family and there was no criminal record attributed to him. It was also opined that the incident took place all of a sudden. Thus, on the ground that the justice will be subserved if the petition was not allowed, the prayer of the petitioner was granted. [Kailash v. State of M.P, 2019 SCC OnLine MP 931, decided on 30-05-2019]

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