Kuldip Singh alias Pappi Singh alias Pappa vs State of Punjab

M.M. Punchhi, J.

This petition was admitted to consider the question of release of the petitioner on probation. In the meantime, the petitioner was ordered to be released on bail and the recovery of fine was also stayed.

In the grounds of revision, it was averred by the petitioner''s counsel that in a subsequent case instituted against the petitioner he had since been released on probation. I required of the learned counsel to supply me a certified copy of the afore referred to order and despite opportunities given to him for the purpose, he has not done so. Bereft of that, it is to be assumed that the petitioner admits that he is a previous convict but was released on probation.

Now the question to be considered is if the petitioner is a previous convict, can he still claim the benefit of probation ? He would be disentitled to such benefit under the provisions of section 360 of the Code of Criminal Procedure. In categoric terms; section 360 of the Code of Criminal Procedure forbids the release of the offender if there is a previous conviction proved against the offender. On the other hand, section 4 of the Probation of Offenders Act carries no such fetter. Admittedly, such provision is applicable in the district of Amritsar as the Act has been made applicable under the relevant notification. And Section 12 thereof makes it clear that in accordance with the terms therewith, there are no disqualifications attaching to convictions regarding persons who have been dealt with under the provisions of section 3 or 4 of the said Act. Taking that the petitioner was released on probation after being convicted, there is no bar now to release him on probation under the provisions of the Probation of Offenders Act, more so when he has now been released on bail under the orders of this Court and his incarceration will not serve any useful purpose.

Let the petitioner execute a bond in the sum or Rs. 5,000/ with two sureties of the like amount for a period of two years, under section 4 of the Probation of Offenders Act, within a period of six weeks from today before the trial Court, binding himself to come and receive sentence when called upon to do so by the Court and in the meantime to keep peace and be of good behaviour. Let him also pay a sum of Rs. 1,000/ as costs of the proceedings. The petition is partially allowed in these terms.