John will not spend time in jail as the court has released him on probation under the Probation of Offenders Act.
“It is the responsibility of the driver to see to it that the vehicle is under his control at all times so as to avoid such sudden accidents. Hence, it cannot be said that the lower court's order of conviction was incorrect. There is no ground made out to set aside the conviction,” Justice R C Chavan observed.
The court, however, said that considering the background of the convict and that he is not involved in any other crime, John can be given relief under the Probation of Offenders Act.
“The applicant can be given benefit of the Probation of Offenders Act and can be released on probation on his furnishing of bond of Rs 10,000,” Justice Chavan directed. The court has also directed the actor to pay a compensation of Rs 10,000 each to the two injured victims.
The two victims and their families today filed an affidavit in court that they have no objection to the conviction being quashed as they have reached at a settlement with the other party (John).
The court, however, held that quashing of a case due to settlement between the parties cannot be done after completion of trial and conviction being upheld by the sessions court. The actor will have to pay the compensation amount by this week.
John's motorbike had skidded and knocked down two persons in suburban Khar on April 7, 2006. John himself took the injured—Shyam Kasbe and Tanmay Majhi—to hospital. The duo were discharged later.
In October last year, John was sentenced to 15-day jail term by a sessions court. Aggrieved, the actor had filed an appeal in the Bombay High Court.
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