Criminal Revision No.2358 of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2358 of 2004 Date of Decision 07.10.2010 Bachittar Singh ...... Petitioner VERSUS State of Punjab ...... Respondent CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.B.S.Sidhu, Advocate, for the petitioner. Mr.Amit Chaudhary, Asstt. Advocate General, Punjab, for the respondent-State. ***** A.N.JINDAL, J: The petitioner-accused (herein referred as 'the petitioner') has assailed the judgment dated 18.10.2004, passed by Addl. Sessions Judge, Muktsar, dismissing his appeal against the judgment dated 21.03.2002, passed by Sub Divisional Judicial Magistrate, Gidderbaha, convicting and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5,000/- for the offence under Section 61(1)(a) of the Punjab Excise Act. The allegations against the petitioner are that he was apprehended while operating the working still and thereby distilling illicit liquor in his house. The lahan and illicit liquor were recovered from his possession. He was charged, tried and ultimately convicted and sentenced accordingly. His appeal also failed. Heard. Sufficient evidence has been led in order to establish the charge against the petitioner. The evidence, on the basis of which Criminal Revision No.2358 of 2004 2 findings of fact have been returned by the Courts below, appears to have been appreciated in the right perspective. Faced with the situation, learned counsel for the petitioner has prayed for extending some leniency on the quantum of sentence. The occurrence in this case took place on 14.09.1999. The petitioner has already suffered a lot of agony on account of the protracted proceedings pending in the Courts for the last eleven years. He has already undergone more than three months of the substantive sentence. No bad antecedents have been brought to the surface which may create a hurdle for extending him benefit of Section 4(1) of the Probation of Offenders Act 1958. Under these peculiar circumstances, this petition is dismissed with the modification in the sentence 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.10,000/- with one surety in the like amount, to the satisfaction of the Chief Judicial Magistrate, Muktsar, 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 sentence as and when called for. However, the sentence of fine is converted into costs of litigation. Copy of the order be sent to the Chief Judicial Magistrate, Muktsar, for compliance. (A.N.Jindal) Judge 07.10.2010 mamta-II