JASWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was tried, convicted and sentenced to R.I. for one year and to pay a fine of Rs. 1,000/ -, in default R.I. for three months under Section 61(1)(a) of the Punjab Excise Act by the learned Judicial Magistrate, First Class, Patti vide his order dated 22.5.1984. The conviction and sentence of the petitioner were confirmed by the lower Appellate Court. The petitioner has come up in revision to this Court.

(2.) ON the last date of hearing notice regarding sentence was given.

(3.) THE petitioner is a lady and is in the jail since September, 15, 1984. She is a first offender. It has been brought to my notice by Mr. Pritpal Singh Sandhu, learned counsel for the petitioner that she has delivered a child in the jail. I think grounds for awarding the lesser sentence than prescribed under the law, are made out. Consequently, I suspend the sentence and order that the petitioner be released on probation on her entering into a bond of Rs. 3,000/ - with one surety in the like amount for a period of one year to the satisfaction of the trial Court, undertaking to appear in the Court to receive the sentence during the said period whenever called upon to do so, and in the meantime to keep peace and be of good behaviour. However, the fine imposed upon the petitioner is converted into litigation charges payable to the State. But for this modification, the petition fails and is hereby dismissed. Petition dismissed.