Mahipal vs State of Punjab

Pritpal Singh. J.

The petitioner Mahipal was convicted under section 9 of the Opium Act and was sentenced to undergo six months'' simple imprisonment and to pay a fine of Rs. 1000/. in default of payment of which to undergo further simple imprisonment for one month. The instant revision filed by Mahipal to challenge the conviction and sentence was as admitted only to consider the matter of sentence.

Four kilograms and 250 gms. of opium was recovered from the petitioner on March 6, 1983. The prayer on his behalf is that he may be released on probation. In view there are certain extenuating circum Instances due to which there is no reason to deprive the petitioner of the benefit of probation.

The petitioner was 76 years old at the time of trial. His one leg has been amputated. He is a first offender and has already undergone the strain of criminal prosecution for more than four years. He has also already undergone imprisonment for about one month. In this background it is not conducive in the interest of justice to let the petitioner remain confined in jail.

Consequently the sentence awarded to the petitioner is ordered to be suspended and it is directed that he be released on probation for a period of two years on his entering into a bond in the sum of Rs. 500/ 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. 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.

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