Bohar Singh vs State of Punjab

Alok Singh, J.—Petitioner was found guilty and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 5000/- for an offence punishable u/s 61(1)(c) of Punjab Excise Act and in default of payment of fine to further undergo rigorous imprisonment for a period of three months by Sub Divisional Judicial Magistrate, Sultanpur Lodhi, vide judgment dated 24.4.2008.

The appeal preferred by the accused/Petitioner was dismissed and the order passed by learned trial Court was affirmed by learned Appellate Court/Sessions Judge, Kapurthala, vide judgment dated 16.3.2011

At the outset, learned Counsel for the Petitioner does not challenge the conviction of the Petitioner. He further states that since sentence awarded is one year, hence, Petitioner is liable to be released on probation under the Probation of Offenders Act. Learned Counsel for the Petitioner states that Petitioner is the first time offender. He has placed reliance of this Court in the matter of Harpal Singh @ Kala v. State of Punjab reported in 2010 (1) R.C.R. (Cri) 866 and Billu Singh v. State of Punjab reported in 2010 (3) R.C.R. (Cri) 52 where the accused in an offence punishable u/s 61 of the Excise Act, was released on probation by extending the benefit of probation.

I have heard learned Counsel for the parties and have gone through the record.

The Petitioner was convicted and sentenced to undergo RI for one year for an offence punishable u/s 61(1)(c) of the Punjab Excise Act. Admittedly, he is first time offender. Sending the first time offender to jail in the company of hardcore criminals seems to be unjustified. First time offender must be given a chance to reform by releasing him on probation for the period of one year.

Applying the principles and ratio in the judgments of Billu Singh and Harpal Singh (supra) and considering totality of the facts and circumstances of the case, while maintaining the conviction of the Petitioner, the present petition is disposed of with the direction that Petitioner be released on probation u/s 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing his personal bond and undertaking with one surety to the satisfaction of the learned Trial Court that he will keep peace and be of good behaviour. In case he is found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived automatically. However, fine imposed upon the Petitioner is enhanced to Rs. 15,000/-. The Petitioner is directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall sand revived automatically.

With above mentioned modification, this revision petition stands disposed of.