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2014 DIGILAW 905 (PNJ)

Joginder Singh v. State of Punjab

2014-05-23

K.C.PURI

body2014
JUDGMENT Mr. K.C. Puri, J.: - Petitioner - Joginder Singh was sent up to stand trial for offence under Section 61 (1) (c) of the Punjab Excise Act, 1914, by the SHO of Police Station Guru Har Sahai. 2. As per allegation of the prosecution, on 21.4.2006 a working sill was recovered from the house of the petitioner. Four bottles of illicit liquor and 12 kgs of lahan were also recovered. The accused was ultimately convicted vide judgment and order dated 22.3.2012 passed by Sh. Karnail Singh, PCS, Additional Chief Judicial Magistrate, Ferozepur. The petitioner preferred an appeal and the same was dismissed vide judgment dated 7.10.2013 passed by Sh. Vivek Puri, Sessions Judge Ferozepur. 3. Both the judgments and order dated 22.3.2012 passed by Sh. Karnail Singh, PCS, Additional Chief Judicial Magistrate, Ferozepur and judgment dated 7.10.2013 passed by Sh. Vivek Puri, Sessions Judge Ferozepur, have been challenged in the present revision petition. 4. Vide order dated 7.2.2014, counsel for the petitioner has not challenged the finding of conviction recorded by both the Courts below, but confined his prayer regarding quantum of sentence only. So, notice regarding quantum of sentence only was issued. 5. Today custody certificate has been placed on the file, in which it is mentioned that petitioner has undergone incarceration for a period of 7 months and 7 days including remission of 20 days as on 21.4.2014. So, in this manner, he has already undergone incarceration for a period of 8 months 9 days out of the substantive sentence of 1 year. 6. The Full Bench of this Court, in authority reported as Joginder Singh vs. State of Punjab 1980 PLR 585, held that although minimum sentence has been prescribed under the Act, even then the accused can be allowed the concession of probation. 7. As per the conviction slip, the accused is not a previous convict and is undergoing protracted trial since 2006 i.e. for the last more than 8 years. 7. As per the conviction slip, the accused is not a previous convict and is undergoing protracted trial since 2006 i.e. for the last more than 8 years. So, in these circumstances, the sentence of the petitioner stands modified and he is ordered to be released on probation under Section 4 of the Probation of the Offenders Act on his furnishing personal bonds in the sum of Rs.20,000/- with one surety in the like amount, for a period of one year with an undertaking to appear and receive sentence as and when called upon by the court, in case of default of any term and condition of the probation bond and to keep peace and be of good behaviour during such period of one year from the date of his entering into such bond. The bonds be furnished before Chief Judicial Magistrate, Ferozepur. In case the petitioner violates the terms of bail bonds then he shall undergo the sentence as awarded by the trial Court. 8. The accused is stated to be in custody. He released forthin in case he is not required in any other case. 9. The appeal stands disposed of accordingly. 10. A copy of the judgment be sent to the trial Court for compliance. ---------0.B.S.0------------