Patel Singh And Ors vs State Of Punjab
2024 Latest Caselaw 1565 P&H

Punjab-Haryana High Court

Patel Singh And Ors vs State Of Punjab on 24 January, 2024

                                                          Neutral Citation No:=2024:PHHC:010023




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CRA-S-1838-SB-2004

              IN THE HIGH COURT OF PUNJAB & HARYANA
                           AT CHANDIGARH

101-2 cases                                           CRA-S-1796-SB-2004
                                                      Date of decision: 24.01.2024

Patel Singh and others
                                                                    .....Appellants

                                 Versus

State of Punjab
                                                                    ..... Respondent


                                                      CRA-S-1838-SB-2004
Roop Lal
                                                                    .....Appellant

                                 Versus

State of Punjab
                                                                    ..... Respondent

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
                                  *****
Present : Mr. Surinder Garg, Advocate for the appellants.

              Mr. Manipal Singh Atwal, DAG, Punjab.
                                     *****

AMAN CHAUDHARY, J.

1. Both these criminal appeals arising out of a common judgment, are

thus being decided together.

2. Challenge in the present appeals is to the judgment/order dated

25.11.1998, passed by the learned Judge, Special Court, Faridkot, whereby the

appellants were convicted and sentenced to undergo rigorous imprisonment for

two years alongwith fine of Rs.3,000/- and in default of payment of the same, to

further undergo rigorous imprisonment for one month for the offence under

Section 7 of the Essential Commodities Act, 1955 (for short 'the Act').

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3. Brief facts of the case are that on 16.11.1997, a raid was conducted in

the house of accused-Roop Lal situated in Village Wara Bhai Ka, Bathinda by

SHO Darshan Singh alongwith Sarpanch-Gurnam Singh and Naranjan Singh,

Member Panchayat but the accused was not found to be present there. However,

three drums containing kerosene oil each carrying 220 litres were recovered from

there. Thereafter, a raid was conducted at the shop of the accused in the same

village and seven drums of kerosene oil each containing 220 litres were recovered.

Samples were taken and sealed, thereafter sent for examination.

4. After completion of investigation, final report under Section 173

Cr.P.C. was presented in the Court against the accused-appellants. On finding a

prima facie case, charges under Section 7 of the Act, were framed against them, to

which they pleaded not guilty and claimed trial.

5. The prosecution, in order to prove its case, examined as many as 19

witnesses. Thereafter, the statements of the accused-appellants were recorded

under Section 313 Cr.P.C. whereby incriminating evidence was put to them, which

they denied and pleaded innocence. In defence, they examined one witness.

6. The trial Court came to the conclusion that prosecution has proved its

case and accordingly convicted and sentenced as mentioned above.

7. Aggrieved accused-appellants are before this Court.

8. Learned counsel for the appellants, at the outset, gives up the

challenge to the appeal on merits and prays for extending the benefit of probation

in view of the facts that they are the sole breadwinners of their respective families;

the incident pertains to the year 1997; first time offenders and never misused the

concession of bail granted to them.

9. Learned State counsel submits that the Court below has rightly

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convicted the accused-appellants on the evidence produced by the prosecution.

Thus, he prays for the dismissal of the present appeals. He, however, affirms the

factum of non-involvement of the appellants and misused the concession of bail

granted to them.

10. Heard the learned counsel on either side and perused the record.

11. Evidently, the trial Court had thoroughly examined the evidence and

categorically recorded that according to the record maintained by the Depot

holders accused Roop Lal has failed to account for the kerosene oil found in the

Tanker and moreover he has kept the kerosene oil beyond the jurisdiction of his

depot which was in utter violation of the Rules. Thus, there is no scope for

interference in the findings recorded and conclusion arrived at by the trial Court.

As such, the conviction of the appellants is affirmed.

12. As regards the prayer for probation made on behalf of the appellants

is concerned, it would be apposite to make a reference to Section 4 of the

Probation of Offenders Act, 1958, which reads thus:

"4. Power of Court to release certain offenders on probation of good conduct.-

(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour:

Provided that the Court shall not direct such release of an

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offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the Court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond.

(2) Before making any order under sub-section (1), the court shall take into consideration the report, if any, of the probation officer concerned in relation to the case.

(3) When an order under sub-section (1) is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order, impose such conditions as it deems necessary for the due supervision of the offender.

(4) The court making a supervision order under sub-section (3) shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender.

(5) The court making a supervision order under sub-section (3) shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders, the sureties, if any, and the probation officer concerned."

13. It would be worthwhile to refer to the judgment of Ratan Lal vs.

State of Punjab AIR 1965 SC 444, whereby Hon'ble The Supreme Court,

regarding the purpose and object of 'The Probation of Offenders Act, 1958' had

observed and held that, "The Act is a milestone in the progress of the modern

liberal trend of reform in the field of penology. It is the result of the recognition of

the doctrine that the object of criminal law is more to reform the individual

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offender than to punish him. Broadly stated the Act distinguishes offenders below

21 years of age and those above that age, and offenders who are guilty of having

committed an offence punishable with death or imprisonment for life and those

who are guilty of a lesser offence. While in the case of offenders who are above

the age of 21 years, absolute discretion is given to the court to release them after

admonition or on probation of good conduct, subject to the condition laid down in

the appropriate provision of the Act, in the case of offenders below the age of 21

years an injunction is issued to the court not to sentence them to imprisonment

unless it is satisfied that having regard to the circumstances of the case, including

the nature of the offence and the character of the offenders, it is not desirable to

deal with them under Ss. 3 and 4 of the Act."

14. Hon'ble The Supreme Court in Sitaram Paswan and Anr. vs. State

of Bihar, AIR 2005 SC 3534, observed that benefit of probation can be extended

at the appellate or revisional stage as well, and held that, "For exercising the

power which is discretionary, the Court has to consider circumstances of the case,

the nature of the offence and the character of the offender. While considering the

nature of the offence, the Court must take a realistic view of the gravity of the

offence, the impact which the offence had on the victim. The benefit available to

the accused under Section 4 of the Probation of Offenders Act is subject to the

limitation embodied in the provisions and the word "may" clearly indicates that

the discretion vests with the Court whether to release the offender in exercise of

the powers under Section 3 or 4 of the Probation of Offenders Act having regard

to the nature of the offence and the character of the offender and overall

circumstances of the case. The powers under Section 4 of the Probation of

Offenders Act vest with the Court when any person is found guilty of the offence

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committed, not punishable with death or imprisonment for life. This power can be

exercised by the Courts while finding the person guilty and if the Court thinks that

having regard to the circumstances of the case, including the nature of the offence

and the character of the offender, benefit should be extended to the accused, the

power can be exercised by the Court even at the appellate or revisional stage and

also by this Court while hearing appeal under Article 136 of the Constitution of

India."

15. A gainful reference can be made to Harivallabha vs. State of M.P.,

(2005) 10 SCC 330, and Dhurukumar vs. State of Maharashtra, (2017) 9 SCC

411, wherein the respective accused were convicted and sentenced under Section

7 of the Essential Commodities Act, 1955, Hon'ble the Supreme Court

considering that they were first time offenders and ought to have been granted the

benefit under Section 360 CrPC, released them on probation.

16. Hon'ble the Supreme Court in Tarak Nath Keshari v. State of West

Bengal, 2023(2) Law Herald (SC) 1391, by observing that even if a minimum

sentence is provided in the Essential Commodities Act, 1955, the same will not be

a hurdle for invoking the applicability of provisions of the Probation of Offenders

Act, 1958 and released the appellant on probation, while considering the fact that

the act was committed more than 37 years and he was not involved in any other

offence. Similarly in Naresh Kumar vs. State, 2001 SCC OnLine Del 557, a case

relating conviction under the Essential Commodities Act, 1955, it was held by the

High Court that the accused deserved the benefit of probation under Section 4 of

the Probation of Offenders Act, 1958, especially in view of the fact that he had

suffered the agony of trial lasting for about five years; the offence was of a

technical nature; not a previous convict and also the offence committed by him

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was not one punishable with life imprisonment.

17. In Satish vs. State of U.P., (2021) 14 SCC 580, Hon'ble the Supreme

Court had observed that, "Whilst it is undoubtedly true that society has a right to

lead a peaceful and fearless life, without free roaming criminals creating havoc in

the lives of ordinary peace loving citizens. But equally strong is the foundation of

reformative theory which propounds that a civilised society cannot be achieved

only through punitive attitudes and vindictiveness; and that instead public

harmony, brotherhood and mutual acceptability ought to be fostered. Thus, first

time offenders ought to be liberally accorded a chance to repent their past and look

forward to a bright future. [Maru Ram v. Union of India, (1981) 1 SCC 107 : 1981

SCC (Cri) 112]".

18. Humanistically viewing, the appellants having suffered the ignominy

of trial since long; successfully warded off their crime-proneness-an evident

learning of a lesson; their socio-economic circumstances, this Court finds

extenuation to be implicit. Thus, to strike a balance and serve the interest of

justice, the appellants deserve to be granted an opportunity to assure the

authorities of their reformation. They be released on probation for a period of one

year, on the following conditions as enshrined under Section of the Probation of

Offenders Act, 1958:-

(1) They shall execute a bond for good behaviour with two solvent sureties in a sum of Rs.10,000/- each which shall be executed before the trial Court within a period of one month from today.

(2) The said bond shall be in force for a period of one year. (3) They shall be subject to the supervision of the Probation Officer and subject to the conditions laid down in the Probation of Offenders Act.

19. It is clarified that in case there is any breach of the aforesaid

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conditions, the appellants will forthwith be taken into custody and shall have to

undergo the sentence awarded to them by the trial Court.

20. Appeals stand disposed of accordingly.

21. A photocopy of this order be placed on the file of the connected case.

                                                  (AMAN CHAUDHARY)
                                                        JUDGE
24.01.2024
Hemant

      Whether speaking/reasoned               :      Yes / No
      Whether reportable                      :      Yes / No




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