CRR No.2940 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.2940 of 2010 (O&M) Date of decision: 25.01.2011 Rikhi Singh ....Petitioner Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. Navdeep Monga, for the petitioner. Ms. Bhavna Gupta, DAG, Punjab. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Petitioner was found guilty under Section 61(1)(c) of the Punjab Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- and in default of payment of fine to further undergo imprisonment for two months. In appeal preferred by the accused/petitioner, learned Appellate Court/Additional Sessions Judge (Ad hoc) Fast Trac Court, Mansa, vide judgment dated 4.8.2010, affirmed the sentence awarded by the learned Trial Court and appeal filed by the accused/petitioner herein was dismissed. Learned counsel for the petitioner does not want to press the present revision on merit and only requests that since petitioner was CRR No.2940 of 2010 (O&M) -2- found guilty under Section 61(1)(c) of the Punjab Excise Act and maximum period of sentence awarded is one year, hence the petitioner may be released on probation. Learned counsel for the petitioner further submits that the accused/petitioner has already undergone sentence for a period of about six months. Ms. Bhavna Gupta, learned Deputy Advocate General, Punjab, states that petitioner/revisionist is the first time offender and no other criminal case is pending against him. I have heard learned counsel for the parties and gone through the record. The sword of damocles is not to hangover the head of the petitioner for all times to come. He has suffered mental agony due to registration of this criminal case against him. Considering totality of the facts and circumstances of this case while maintaining the conviction of the petitioner in this case, I direct that the accused/petitioner be released on probation on furnishing of probation bond and surety to the satisfaction of the learned Trial Court for one year With above mentioned modification, this revision petition is disposed of. (Alok Singh) Judge January 25, 2011 R.S.