Boor Singh alias Roor Singh vs State of Punjab

R.L. Anand, J.

Learned Counsel appearing for the petitioner does not press this revision petition on merits and his only contention before me is that the petitioner was a young boy of less than 21 years at the time of the commission of the offence. The trial Court recorded the conviction first time on 3rd April, 1987 and it was affirmed by the first appellate Court on 11th May, 1987. The alleged offence was committed by the petitioner on 31st October, 1983. The petitioner is suffering the agony of criminal proceedings since 1983. In these circumstances, it has been prayed by the learned Counsel for the petitioner to release the petitioner on probation irrespective of the fact that it is a case of working still. In support of his plea, learned counsel for the petitioner has relied upon T.M.A. Pai Foundation v. State of Karnataka, 1996(1) RCR 167 and Thakur Singh v. State of Punjab, 1996(1) RCR 713. In the subsequent authority, while granting probation in a working still case Hon''ble Mr. Justice P.K. Jain relied upon a judgment of the Full Bench of this Court reported as Joginder Singh v. State of Punjab, 1980 CLR (Pb. and Hr.) 196 and came to the following conclusion :

"The question directly arose before a Full Bench of this Court in Joginder Singh v. The State of Punjab, 1980 CLR (P&H) 196. After a review of the Probation of Offenders Act as well as Sections 360 and 361 of the Cr.P.C., it was specifically held that a convict for an offence under section 61(1)(c) of the Punjab Excise Act can be dealt with and released on probation even though a minimum sentence of one year''s rigorous imprisonment is prescribed. In Bakhtawar Singh v. The State of Punjab, 1987(2) RCR 496 : 1988 CC Cases 509 (HC), the petitioner was ordered to be released on probation of good conduct for an offence under section 61(1)(c) of the Punjab Excise Act. A similar view has been expressed in Sadhu Singh and another v. The State of Punjab, 1988(1) RCR 703 : 1989(1) CLR 150."

No doubt the petitioner has been convicted for the offence under Section 61(1)(c) of the Punjab Excise Act, but keeping in view the fact that he was less than 21 years of age at the time of the commission of the offence, and keeping in view the object of the Probation of Offenders'' Act and Section 360 of the Code of Criminal Procedure, 1973, which provisions have been enacted with an object not only to convict the offender but also to reclaim him, the sentence of the petitioner is modified and he is extended the benefit of the Probation of Offenders Act and the petitioner is ordered to be released on probation of good conduct under Section 4(1) of the Probation of Offenders'' Act, 1958 for a period of two years subject to his furnishing of personal bond in the sum of Rs. 5,000/ with one surety in the like amount to the satisfaction of the trial Court. The petitioner shall undertake to keep peace, be of good behaviour and shall appear before the Court as and when called upon to receive the sentence during the aforesaid period of probation. The petitioner shall pay a sum of Rs. 10,000/ by way of litigation expenses to the State.

Learned counsel for the petitioner submits that a sum of Rs. 5,000/ has already been paid by the petitioner and this amount may be adjusted towards the cost of litigation. JUDGMENTed accordingly. Rest of the amount of Rs. 5,000/ shall be deposited before the Court of Chief Judicial Magistrate within 15 days from the date of passing of this order. In case these orders are not complied with, the revision petition of the petitioner shall be deemed to have been dismissed in totality.

Necessary bail bond/surety bond be executed in the court of Chief Judicial Magistrate within 15 days.

With the above directions, the petition stands disposed of.

Copy of this order be given dasti.

JUDGMENTed accordingly.