Crl. Revision No.166 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.166 of 2005 (O&M) Date of Decision: 13.10.2010 Sukha Singh @ More ……Petitioner VERSUS State of Punjab ……Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL -.- Present: Mr. Shubhjot Singh Chadha, Advocate for the petitioner. Mr. Amit Chaudhary, A.A.G., Punjab. A.N. JINDAL, J. (ORAL) The petitioner has assailed the judgment dated 20.12.2004, passed by learned Addl. Sessions Judge - FTC, Feroze- pur, dismissing his appeal against the judgment dated 10.10.2002, passed by learned Chief Judicial Magistrate, Ferozepur, convicting and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- under Section 61 of Punjab Excise Act, 1914 and in default of payment of fine to further undergo imprisonment for a period of one month. Crl. Revision No.166 of 2005 (O&M) -2- The learned Counsel without making any challenge to the conviction recorded against the accused has urged that the Courts below have not examined from the view point that accused is the first offender and as such, he could be extended benefit of probation un- der the Probation of Offenders Act, 1958 (for brevity ‘the Act’). Having heard the contention, I find myself persuaded by the same. There is nothing on the record to show that the accused was a previous convict. Accused has already undergone about more than one month of the substantive sentence. 60 kg Lahan, 5 ¼ bot- tles of illicit liquor were recovered from the accused. The occurrence in this case took place on 28.11.2000 and since then the sword of sentence has been hanging over his head. He is married and has a big family to support. Under these peculiar circumstances, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence to the extent that the petitioner be released on proba- tion under Section 4(1) of the Probation of Offenders Act, 1958 on their executing a bond in the sum of Rs.10,000/- with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Ferozepur, for a period of one year within which period he shall con- tinue to be of good behaviour and keep peace and in case of breach of conditions of bond, he would serve sentence as and when called for. However, the fine already paid by the petitioner is converted into Crl. Revision No.166 of 2005 (O&M) -3- costs of litigation and he is further directed to pay a sum of Rs.5000/- as costs of litigation within three months from today. Copy of the order be sent to Chief Judicial Magistrate, Ferozepur, for compliance. ( A.N. JINDAL ) 13th October, 2010 JUDGE ashish