MEHAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MEHAL Singh petitioner was convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 1000/ -, in default further three months' rigorous imprisonment by the Judicial Magistrate First Class, Jagraon. The appeal was carried to the Court of Session and there it substantially failed. This revision was admitted in this Court on 10th December, 1981.

(2.) MR . P.S. Sandhu, learned counsel for the petitioner, states that the petitioner is not a previous convict and that the recovery is alleged to have been effected in the year 1978, i.e., five years back and that the petitioner has been on bail by the order of this Court dated 10th December, 1981. He prays that under the circumstances it would be proper not to send the petitioner to jail but to give him the benefit of the Probation of Offenders Act. I agree with the contention raised by the learned counsel. In this respect he has relied upon Joginder Singh v. State of Punjab (1980 PLR 585 : 1980 CLR (Pb. and Hry.) 196) wherein it has been held that for special reasons the petitioner can be released on probation instead of sentencing him to the minimum term prescribed under the Punjab Excise Act. Consequently, I suspend the sentence and order that the petitioner be released on probation on his furnishing within two months to the satisfaction of the trial Court a bond in the sum of Rs. 200/ - with two sureties in the like amount to keep the peace and be of good behaviour for a period of two years and to appear to receive the sentence when called upon to do so in the meantime. The fine imposed on the petitioner is converted into litigation expenses payable to the State. With this modification the petition fails and is dismissed.