GURLABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed against the judgment dated 19/20.07.2005 passed by Judicial Magistrate Ist Class, Sangrur and judgment dated 23.03.2006 passed by Additional Sessions Judge (Adhoc) Fast Track Court, Sangrur, whereby, the petitioner has been released on probation.

(2.) Learned counsel for the petitioner has raised various arguments like nothing was recovered from the petitioner and he has falsely been implicated in the case by planting false recovery, which is violation of Section 100(4) Cr.P.C. There are serious discrepancies in the statements of the prosecution witnesses. Learned counsel for the petitioner further submits that the petitioner was released on probation under Probation of Offenders Act subject to furnishing probation bonds in the sum of Rs. 5,000/- for six months subject to condition that accused would appear and undergo sentence during the said period of six months on calling to do so by the Court and will keep peace and good behaviour and will not repeat any such act in future. Learned counsel for the petitioner also submits that the petitioner is a govt. employee and he has never committed any such offence and keeping in view his past conduct and evidence on record, he should have been acquitted. Learned counsel for the petitioner has also relied upon the judgment of Hon'ble the Supreme Court in Aitha Chander Rao vs. State of Andhra Pradesh, 1981 Supp1 SCC 17.

(3.) Learned State counsel opposes the submissions made by learned counsel for the petitioner.