HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER was convicted under Sections 379 and 430 I.P.C. For offence under Section 430 I.P.C. he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ - and in default of payment of fine he was to further undergo simple imprisonment for three months, For offence under Sessions 379 I.P.C. he was sentenced to undergo rigorous imprisonment for six months. Both the sentences of imprisonment were ordered to run concurrently. Petitioner was convicted because he was found committing theft of canal water from canal minor at village Alowal by inserting a plastic pipe in the canal with the other end of it towards the paddy fields of his father. In appeal his conviction and sentence under Section 430 I.P.C. was maintained whereas his conviction and sentence under Section 379 I.P.C. was set aside.

(2.) AFTER hearing the learned counsel and considering that the petitioner is a young man of 25 years and has undergone sentence of nearly one month and is the first offender, I am of the view that he is entitled to be released on probation. Accordingly, the petitioner is ordered to be released on probation for a period of one year on his furnishing personal bond in the sum of Rs. 5000/ - with one surety in the like amount, undertaking that he shall appear in court to receive sentence as and when directed to do so during the said period of one year in the meantime to keep peace and be of good behaviour. Ordered Accordingly.