VED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE judgment of the trial Magistrate available on the file of the Court of Session discloses that the act attributed to the petitionr Ved Singh was that while working a still for distilling illicit liquor, he was challenging water and his co -accused Mahi Pal was feeding fire when the raiding party caught them red handed. The trial Magistrate released Mahi Pal co -accused on probation because he was found to be less then 21 years of age. The petitioner Ved Singh was denied such concession because he was 22/23 years of age. Both were found to be first offenders. The learned trial Magistrate took the view that he could not extend the benefit of Probation of Offenders Act to Ved Singh petitioner because the law had prescribed a minimum sentence to persons found guilty of running a still for distilling illicit liquor. The view of the learned trial Magistrate is obviously not right. There was a marginal difference between the ages of the two accused. The circumstances of the case required that both should have been meted out equal treatment. Thus it is ordered that the petitioner shall be released on his executing a bond in the sum of Rs. 2,000/ - with one surety of the like amount in terms of Section 4 of the Probation of Offenders Act before the trial Magistrate for a period of two years. For the same period, the petitioner shall remain under the supervision of the District Probation Officer, Jind. The petitioner is directed to maintain peace in future and be of good conduct. He shall also pay Rs. 500/ - towards the cost of the proceedings as envisaged under Section 5(b) of the Probation of Offenders Act. By releasing the petitioner in such a manner, he is put at par with his co -accused.

(2.) THE revision petition is partially allowed to the extent indicated above. Appeal allowed.