LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was convicted under Section 61(1)(c) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay a fine or Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for six months by Sh. Hukam Chand, Judicial Magistrate Ist Class, Patti, vide his judgment dated May 24, 1988. The appeal filed by the petitioner against this judgment was dismissed by Shri H.L. Garg, Additional Sessions Judge Amritsar vide his judgment dated February 19, 1990.

(2.) NOTICE regarding sentence was issued by this court on April 23, 1990.

(3.) ON the question of sentence, the petitioner's counsel prayed that it is a fit case in which the petitioner may be released on probation. He submits that the petitioner is a first offender and he is the only bread winner of the family. He further submits that if his sentence is maintained, his family will be starved. Thus, having regard to his age, antecedents, the circumstances in which the offence was committed, I am of the opinion that it will be expedient to release the petitioner on probation of good conduct. Therefore, it is ordered that the petitioner be released on probation on his entering into a bond in the sum of Rs. 2,000/- with one surety in the like amount, for a period of two years to the satisfaction of the trial Court undertaking to keep peace and be of good behaviour and to appear and receive sentence as and when called upon to do so during the said period. He shall pay a sum of Rs. 5,000/- as litigation expenses. Fine, if already paid, shall be adjusted towards the costs of litigation. In case no fine has been paid the trial Court then he will deposit Rs. 5,000/- in the trial Court within three months from today, failing, which the revision shall stand dismissed and the sentence awarded to the petitioner by the Courts below shall be maintained. With this modification in the sentence, this revision petition is disposed of.