MANGAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MANGAL Singh petitioner was convicted under section 61(1)(a) of the Punjab Excise Act and sentenced to undergo R.I. for 19 months and a fine of Rs. 1000/- in default of payment of fine further R.I for six months by Shri Kuldip Singh, Judicial Magistrate Ist Class, Gidderbaha vide order dated September 29, 1989. His appeal before the Additional Sessions Judge, Faridkot was dismissed vide order dated April 9, 1990, but his sentence was reduced from 1-1/2 year R.I. to 1 year R.I. and the sentence of fine was, however, maintained. Feeling aggrieved, he has filed a revision in this Court.

(2.) NOTICE regarding sentence was issued to A.G. Punjab on May 29, 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, who is a young man and a first offender, is the only bread winner of the family and is facing the agony of trial ever since the institution of this case in 1988. Thus, having regard to his age, antecedents, the circumstances in which the offence was committed, I am of the view 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. 2000/- with one surety in the like amount for a period of one year 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. The fine imposed on him by the trial Court shall be converted into litigation expenses. With this modification, in the sentence, this revision petition is disposed of. Petition disposed of.