CRR No.838 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.838 of 2011 (O&M) Date of decision: 04.05.2011 Hardev Singh and another ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. R.K.S Brar, Advocate, for the petitioners. Mr. Jaspreet Singh, AAG, 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) Petitioners were found guilty and sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.5000/- each for an offence punishable under Section 61(1)(C) of Punjab Excise Act and in default of payment of fine to further undergo rigorous imprisonment for a period of two months by Judicial Magistrate, First Class, Muktsar, vide judgment dated 8.4.2010. The appeal preferred by the accused/petitioners was dismissed and the order passed by learned trial Court was affirmed bylearned Appellate Court/Sessions Judge, Sri Muktsar Sahib, vide judgment dated 28.3.2011 At the outset, learned counsel for the petitioners does not challenge the conviction of the petitioner. He further states that since sentence awarded is one year, hence, petitioners are liable to be released CRR No.838 of 2011 (O&M) -2- on probation under the Probation of Offenders Act. Learned counsel for the petitioners states that petitioners are the first time offenders. He has placed reliance of this Court in the matter of Harpal Singh @ Kala vs. State of Punjab reported in 2010(1) R.C.R. (Criminal) 866 and Billu Singh vs. State of Punjab reported in 2010(3) R.C.R. (Criminal) 52 where the accused in an offence punishable under Section 61 of the Excise Act, was released on probation by extending the benefit of probation. I have heard learned counsel for the parties and have gone through the record. The petitioners were convicted and sentenced to undergo RI for one year for an offence punishable under Section 61(1)(c) of the Punjab Excise Act. Admittedly, they are first time offender. Sending the first time offenders to jail in the company of hardcore criminals seems to be unjustified. First time offenders must be given a chance to reform by releasing them on probation for the period of one year. Applying the principles and ratio in the judgments of Billu Singh and Harpal Singh (supra) and considering totality of the facts and circumstances of the case, while maintaining the conviction of the petitioners, the present petition is disposed of with the direction that petitioners be released on probation under Section 4(1) of the Probation of Offenders Act, 1958, for a period of one year on furnishing their personal bonds and undertaking with one surety each to the satisfaction of the learned Trial Court that they will keep peace and be of good behaviour. In case they are found to be indulged in such like illegal activities, sentence awarded by the Court below shall stand revived CRR No.838 of 2011 (O&M) -3- automatically. However, fine imposed upon the petitioners is enhanced to Rs.15,000/- each. The petitioners are directed to deposit the above said amount, within one month from today, with the Trial Court. It is made clear that in case enhanced amount is not deposited, as directed above, this revision petition shall be deemed to have been dismissed and the order of the Court below shall sand revived automatically. With above mentioned modification, this revision petition stands disposed of. (Alok Singh) Judge May 04, 2011 R.S.