LAWS(P&H)-1987-9-52

BALKAR SINGH Vs. STATE OF PUNJAB

Decided On September 09, 1987
BALKAR SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THIS revision was admitted only to consider the matter regarding quantum of sentence.

(2.) THE petitioner Balkar Singh alias Kari was found in possession of 40 bottles of illicit liquor on March 17, 1985. He was convicted under Section 61(1)(a) of the Punjab Excise Act and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1,000, in default of payment of which to undergo further rigorous imprisonment for three months. The prayer on behalf on the petitioner is that he may be granted the benefit of probation.

(3.) FOR these reasons the sentence imposed upon the petitioner is kept in abeyance and he is ordered to be released on probation for a period of two years on his entering into a bond in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the trial court to appear and 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 will also pay Rs. 1,000 as costs of proceedings. If he has already deposited the fine it may be adjusted towards the same. The petitioner is allowed 15 days from today to furnish the requisite bonds and to deposit the costs of proceedings.