GURBACHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner Gurbachan Singh stands convicted under Section 61(1)(c) of the Punjab Excise Act and sentenced to undergo rigorous imprisonment for nine months and to pay a fine of Rs. 2000. This revision filed by the petitioner was admitted only to consider the matter of sentence.

(2.) IT is prayed on behalf of the petitioner that he being a first offender may be released on probation. There does not appear to be any reason to decline this relief. The Courts below have not given any reason as to why the petitioner should have not given any reason as to why the petitioner should be denied the benefit of probation. When the petitioner was apprehended, while working the still, only 2 -1/2 bottles of illicit liquor and 20 Kgs. of lahan were recovered. Having regard to the fact that the petitioner is a first offender and the quantity of lahan and the liquor recovered is not large, I consider it a fit case in which the petitioner should be given the benefit of probation. It is, therefore, directed that the petitioner be released on probation for a period of two years on his entering into a bond in the sum of Rs. 5000 with one surety in the like amount to the satisfaction of the trial Court to appear an receive sentence when called upon during the period of probation and in the meantime to keep the peace and be of good behaviour. The petitioner is also directed to pay Rs. 2000 as costs of proceedings under Section 5 of the Probation of Offenders Act. The fine, if deposited by the petitioner, may be adjusted towards the costs.

(3.) WITH this modification in the order of sentences the revision is dismissed on merits. Revision dismissed.