Mohinder Singh vs State of Punjab

Pritpal Singh, J.—The petitionerMohinder Singh has been convicted under section 61(1) (0) of the Punjab Excise Act and sentenced to one year''s rigorous imprisonment and to pay a fine of Rs. 5000/ in default of payment of which to undergo further rigorous imprisonment for three months.

The instant revision filed by the petitioner to challenge the conviction and sentence was admitted only to consider the matter of sentence.

The petitioner was found distilling illicit liquor by means of a working ''Still on 25.8.1984. It is prayed on his behalf that benefit of probation may be granted to him. The petitioner is a, first offender and he has been facing criminal prosecution for three years. While he was caught distilling illicit liquor, about 30, kgs. of lahan was recovered, which shows that he was not indulging in distilling illicit liquor on a large scale. His past antecedents are not such from which it may be assumed that he is a hardened criminal and is beyond reclamation. He has two minor children and is that the sole bread winner of the family. In my opinion, he should be given a chance to lead a useful life in the society by affording the benefit of probationers him.

For these reasons, the petitioner is ordered to be released on probation for a period of three years 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. The petitioner will also pay Rs. 5000/ 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.