Balkar Singh @ Kari vs State of Punjab

Pritpal Singh, J.

This revision was admitted only to consider the matter regarding quantum of sentence.

The Petitioner Balkar Singh alias Kari was found in possession 40 bottles of illict 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. 1000/, in default of payment of which to undergo further rigorous imprisonment for three months. The prayer on behalf of the petitioner is that the may be granted the benefit of probation.

The petitioner is a first offender and has clear antecedents. From the quantity of liquor recovered form his it cannot be said that he is a bootlegger. He is not hardened criminal and an opportunity should be granted to him to reform himself so as to lead a life of respectable citizen. In similar circumstances, a convict, from whom 40 bottles of illicit liquor were recovered, was released on probation by this court in Bakhtwar Singh v. State of Punjab, 1986(1) C.L.R. 649 : 1987(2) Recent CR. 496.

For these reasons the sentence imposed upon the petitioner is kept in abeyance and he is ordered to be release on probation for a period of two years on his entering into a bond in the sum of Rs. 5,000/ with one surely 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. 1000/ 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.

With this modification in the order of sentence, this revision is dismissed on merits.

Revision dismissed.