Criminal Revision No. 557 of 2008 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Revision No. 557 of 2008 Date of decision : April 09, 2008 Chamkaur Singh and others -Petitioners Vs. State of Punjab -Respondent CORAM : Hon'ble Mr. Justice Rajesh Bindal. Present: Ms. Promila Nain, Advocate, for the petitioners. Mr. AS Brar, DAG, Punjab. Rajesh Bindal J. This is a petition filed under Section 401 Cr.P.C., against the judgment passed by the learned Additional Sessions Judge, Ludhiana dated March 10, 2008 upholding conviction and sentence of the petitioners under Section 61(1)(a) of the Punjab Excise Act passed by the learned Additional Chief Judicial Magistrate, Ludhiana,. At the time of motion hearing on March 20, 2008 the contention of learned counsel for the petitioners for challenge to the conviction was heard and no merit was found therein. Accordingly, at that stage, the learned counsel for the petitioners confined her prayer only to the extent of release of the petitioners on probation. Briefly, the facts are that on September 4, 2000, Assistant Sub Inspector Sukhdev Singh along with other police personnel was present at bus stand of village Poheer in connection with routine patrol duty. At that time a secret information was received that the petitioners were planning to sell country made/illicit Criminal Revision No. 557 of 2008 2 liquor in a fare at village Chappar. The vehicle in which they would be coming was also informed. On the basis thereof, FIR was registered. Naka was put up at Chappar chowk. Car in question was intercepted. From the search thereof, 8 bottles of illicit liquor and 8 cartons, each containing 12 bottles of liquor were found. On consideration of the entire evidence on record, the learned trial Court convicted the petitioners and ordered them to undergo RI for a period of six months and to pay a fine of Rs.1000/- each, in default to further undergo RI for one month. The said conviction and sentence was upheld in appeal by the learned Additional Sessions Judge. Relying upon the judgments of this Court in Sudh Ram Vs. State of Punjab, 2006(3) RCR (Criminal) 550; Manohar Lal Vs. State of Punjab, 2004(1) RCR ( Criminal) 656; Krishan Kumar Vs. State of Punjab, 2005(3) RCR ( Criminal) 579; Balbir Singh Vs. State of Haryana, 2004(3) RCR ( Criminal) 310; Sultan Singh Vs. State of Punjab, 2004(4) RCR (Criminal) 328 and Jai Ram Vs. State of Haryana, 2005(3) RCR ( Criminal) 597, learned counsel for the petitioners submits that the petitioners in the present case are the first offenders. Even thereafter they were not involved in any other crime. They had been facing the agony of trial for the last more than 7 ½ years and have undergone actual imprisonment of more than one month. They are the sole bread earners of the family. Accordingly, their prayer for release on probation be considered. Keeping in view the above contentions of learned counsel for the petitioners and the facts stated by her, I find the same to be sufficient mitigating circumstances to extend benefit of probation to the petitioners. Accordingly the present petition is disposed of with a direction that the sentence awarded to the petitioners is modified to the extent that instead of undergoing the imprisonment for the remainder period, they shall be released on probation on their Criminal Revision No. 557 of 2008 3 executing bonds to the satisfaction of Chief Judicial Magistrate, Ludhiana. The petitioners are also directed to file an undertaking to keep peace and maintain good behaviour and to appear and undergo sentence as and when called upon to do so. [Rajesh Bindal ] Judge April 09, 2008 `ask'