Kulwant Singh Tiwana, J. - (1.) The petitioners on 30th of Nov., 1977 at about 5 A.M., were arrested while distilling liquor by working a still by the police party leaded by Assistant Sub-Inspector Gulzara Singh. On the recording of the evidence, the learned Magistrate believed the prosecution witnesses and convicted both the petitioners under section 61(1)(c) of the Punjab Excise Act and sentenced each of them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000.00. In default of payment of fine each of them was further sentenced to undergo rigorous imprisonment for three months. The appeal was dismissed by the Ex-Officio Additional Sessions Judge, Jullundur, who affirmed the conviction as well as the sentence imposed on the accused. At the stage of motion hearing, the revision petition was admitted only regarding sentence.
(2.) I have gone through the judgment under revision and have heard the learned counsel for the petitioners. So far as the case of Chaman Lal petitioner is concerned, it will be found in the judgments of the Courts below that he is a previous convict. On that basis as he is a repeater of the commission of the offence, he does not deserve any leniency in the matter of sentence. He seems to have taken illicit distillation as a profession and remained undeterred even by the previous conviction. I do not feel inclined to interfere in his sentence.
(3.) Harbilas is the son of Chaman Lal petitioner. His age is recorded as 16 years by the learned trial Magistrate. In view of his young age the possibility cannot be ruled out that Harbilas joined his father, in the violation of law, and distilling liquor under the influence of his father. In view of this it will be expedient in the interest of justice to extend the benefit of section 360, Criminal Procedure Code, to Harbilas petitioner. He shall be released on furnishing a bond in the sum of Rs. 5,000.00 with one surety in the like amount to the satisfaction of Chief Judicial Magistrate. Jullundur, to keep the peace and be of good behaviour for a period of two years. In case this petitioner makes any violation of the terms of his bond, he shall be called upon to receive the sentence awarded to him by the subordinate Court. The bond shall be furnished within two months from today. With the aforesaid modification this revision is dismissed. Petition dismissed.;