In the High Court of Punjab and Haryana at Chandigarh Criminal Revision No. 792 of 2005 Date of decision: November 26, 2010 Ram Singh and another .. Petitioners Vs. State of Punjab .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. S.C. Chhabra, Advocate for the petitioners. Mr. O.P. Dabla, DAG, Punjab for the respondent. A.N. Jindal, J Assailed in this petition is the judgment dated 22.3.2005 passed by the Additional Sessions Judge, (Fast Track Court), Ferozepur, dismissing the appeal filed by the accused-petitioner (herein referred as, 'the accused') against the judgment dated 11.11.2002 passed by the Judicial Magistrate Ist Class, Fazilka convicting and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs.5000/- under Section 61 (1) © of the Punjab Excise Act, 1914 (for brevity, 'the Act'). At the very outset, without assailing the judgment of conviction, it has been submitted by the learned counsel that the petitioner being the first offender and having already undergone a little more than one month of the substantive sentence, may be dealt with leniently on the quantum of sentence. Having examined the impugned judgment, the evidence appears to have been appreciated in the right perspective. Both the courts below have returned concurrent findings of fact regarding the guilt of the accused. No illegality much less irregularity or perversity has been detected or pointed out warranting interference by this court. As such, no exception to the opinion expressed by the courts below could be made at this revisional stage. Now coming to the quantum of sentence, it may be observed that the occurrence took place way back in the year 1999; the petitioner has Criminal Revision No. 792 of 2005 -2- *** already suffered a lot due to the protracted proceedings pending against him since then; he has already undergone a little more than one month of the substantive sentence; and no bad antecedents have come on record so as to dub him as habitual offender. As such, I am of the considered opinion that ends of justice would be met if some leniency is extended to him. Resultantly, while dismissing the petition, sentence passed against the petitioner is modified to the extent that he be released on probation under Section 4(1) of the Probation of Offenders Act, 1958 on his executing a bond in the sum of Rs.5,000/- with one surety in the like amount to the satisfaction of the trial Court for a period of one year within which period he shall continue to be of good behaviour and keep peace and in case of breach of conditions of the bond, he will be ready to serve the sentence as and when called for. However, the fine is converted into costs of litigation. Copy of the judgment be sent to the learned Chief Judicial Magistrate, Ferozepur for compliance. November 26, 2010 (A.N. Jindal) deepak Judge