MAHABIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) MAHABIR petitioner was convicted under section 61 (1)(a) of the Punjab Excise Act vide order of Judicial Magistrate Ist Class, Rewari dated 8-7-89 and vide order dated 10-7-89 he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- In default of payment of fine he was further ordered to undergo rigorous imprisonment for three months. The appeal of the petitioner was partly accepted by the Additional Sessions Judge, Narnaul vide his order dated 20-7-90 whereby, conviction of the petitioner was maintained and sentence of imprisonment was reduced from one year rigorous imprisonment to six months rigorous imprisonment and the amount of fine was enhanced from Rs. 500/- to Rs. 1,000/-. Sentence in default of payment of fine was also maintained. Revision against the order of conviction and sentence Passed by the Courts below against the petitioner was entertained by this Court only to consider the quantum of sentence to be awarded to the petitioner, as also the question as to whether the benefit of Probation of Offenders Act can be granted to the petitioner, or, not.

(2.) THE learned counsel for the parties were heard.

(3.) TAKING into consideration age, antecedents and family background, as well as the nature of the recovery effected from the petitioner, in my view, it is a fit case to give benefit of Probation of Offenders Act, 1958 to the petitioner, in order to enable him to reform himself. In case he is sent back to the jail he is likely to come in contact with hardened criminals and may ultimately become a hardened criminal himself.