CHHINDO Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard on the question of sentence.

(2.) The petitioner is a woman found guilty for being in possession of illicit liquor. She has been awarded the minimum sentence prescribed under the law i.e. 6 months rigorous imprisonment and a fine of Rs. 1000/-. Probation was declined to the petitioner on the ground that she was a previous convict. There is no bar under the Probation of Offenders Act to release on probation offenders who are previous convicts. The said Act concededly applies to the area of Pathankot wherefrom the present case arose. Thus, having regard to the fact that the petitioner is a woman and possibly has a link with some gang dealing in trade of illicit liquor, I would give her another opportunity to reform herself by releasing her on probation. Let her execute a bond under section 4 of the Probation of Offenders Act, 1958, operative for a period of three years, in the sum of Rs. 5,000/-, with two sureties of the like amount to the satisfaction of trial Court, binding herself to come and receive sentence when called upon by the Court and in the meantime to keep peace and be of good behaviour. Before the bond is accepted, she shall pay a sum of Rs. 1,000/- as costs of the litigation to the State. This petition is thus partially allowed to the extent afore-indicated. The conviction is however, maintained. Petition partly allowed.