MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner was convicted under section 61(1)(a) of the Punjab Excise Act by Shri S. C. Goyal, Judicial Magistrate Ist Class, Hissar, and was sentenced to undergo RI for six months and to pay a fine of Rs. 1000/- in default of payment of fine further RI for 45 days vide his order dated October 23, 1989. His appeal was dismissed by Additional Sessions Judge, Hissar, vide his order dated March 10, 1990. Feeling aggrieved, he has filed a revision petition in this Court.

(2.) AT the motion stage, notice regarding sentence was issued.

(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. Having regard to his, ages' 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 was 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, if realised, shall be converted. into litigation expenses. With this modification in the sentence, this revision petition is disposed of.