Baldev Singh vs State of Haryana

Pritpal Singh, J.—The petitioner Baldev Singh was convicted under section 61 (1)(c) of the Punjab Excise Act for having been found operating a working still and was sentenced to undergo six months''s rigorous imprisonment and to pay a fine of Rs. 1000/. The appeal against this order was dismissed by the Additional Sessions Judge, Jind. Against this appellant judgment dated October 26, 1984, the instant revision petition has been filed.

The revision petition has been admitted only to consider the question of sentence. The petitioner''s counsel has prayed that the petitioner may be released on probation.

Although a minimum sentence of imprisonment is provided under section 61 (1) (c) of the Punjab Excise Act but a full Bench of this court in Joginder Singh v. The State of Punjab, 1980 C.L.R. (Pb.& Har.) 196, has ruled that an accused convicted under this section can be given benefit of probation in exceptional circumstances. In the present case the petitioner is a first offender and has already undergone one month''s rigorous imprisonment. He is in his twenties and is, therefore, at a crucial age when he is to decide whether he would like to lead the life of crime or a life of virtue. In modern penology the emphasis is on reformation of a wrongdoer rather than visit retribution upon him. In my opinion, to give a chance to the petitioner to reform himself, he should be granted the benefit of probation rather than allow to let him associate with hardened criminals in the jail. It may also be pointed out that the lower appellate Court has not given any reason for disallowing this benefit to the petitioner.

Thus, considering the age and antecedents of the petitioner the order of sentence is suspended and he is ordered to be released on probation of good conduct for a period of two years on his furnishing the requisite bond in the sum of Rs. 5000/ with one surety in the like amount, to the satisfaction of the trial Magistrate, to receive sentence when ''called upon during the period of probation and in the meantime to keep peace and be of good behaviour. The petitioner will also pay Rs. 500/ as costs of proceedings.

The revision petitions is disposed of in these terms.

Revision disposed of.