Kirpal Singh vs State of Punjab

Pritpal Singh, J.

In this revision only the prayer of the petitioner to be released on probation is to be considered.

The petitioner Kirpal Singh was convicted by the trial Magistrate on December 13, 198 1, under S. 61 (1)(a) of the Punjab Excise Act for having been found in possession of 19 bottles of illicit liquor and was sentenced to undergo six months'' rigorous imprisonment and to pay a fine of Rs. 1000/ The petitioner''s appeal was dismissed by the Additional Sessions Judge. Ferozepur, on July 13, 1984.

In the judgment of the trial Magistrate it is mentioned that the Petitioner was a previous convict and on this ground the benefit of probation was not given to him. However. no evidence was produced by the prosecution to prove that the petitioner had been convicted previously. It is not understood as to on what material the trial Magistrate remarked in his order of conviction that the petitioner was a previous convict. The appellate Court did not touch this point at all. I am, therefore, unable to agree with the observation of the trial Magistrate that the petitioner is a previous convict.

The petitioner being a first offender deserves to be granted the benefit of probation as the recovery of illicit liquor from him is not very large and he cannot be considered to be a person who is beyond reclamation. Thus, considering the antecedents of the petitioner and the nature of offence committed by him I suspend his sentence and direct that he be released on probation for a period of one Year on his entering into a bond in the sum of Rs. 5000/ 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. With this modification in the order of sentence the revision Stands dismissed.