The court may consider factors such as age, quantity of illicit substance, and previous convictions in deciding to extend the benefit of Probation of Offender's Act and suspend the sentence.

1. - This revision petition is directed against the judgment dated 20-11-1980 passed by learned Additional Sessions Judge No. 2 Bharatpur.

2. Heard learned Counsel for the parties.

3. The accused-petitioner is convicted Under Section 54(C), 54(A), and 54(D), on the basis of the report filed by the Excise Inspector with this allegation that on 14-11-1976. raid was given in the house of the petitioner and on search of the house 425 ml. illicit liquor was found in possession of the petitioner. After recording the evidence and hearing the learned Munsif and Judicial Magistrate, Bayana found the petitioner guilty and passed the sentence against her. Aggrieved by this order of conviction an appeal was filed but without any success.

4. The learned Counsel for the petitioner did not argue the case on merits. He merely submitted that the accused petitioner is an old lady. At present her age is about 69 years. A small quantity of liquor is found in her possession. The case is pending against her for the last ten years. It was therefore, prayed by him that she may be extended the benefit of Probation of Offender's Act. The Public Prosecutor opposed this submission made on behalf of the petitioner.

5. I have considered the arguments of both the sides. Looking to the statement recorded Under Section 313 of the petitioner it appears that now the age of the petitioner is about 69 years. From the perusal of the record, I do not find any reason so as to conclude that the petitioner is a previous convict. I have also noted that a very small quantity of illicit liquor was found in the possession of the petitioner. In the facts and circumstances of the case, I feel it just and proper that it is a fit case where in the benefit of Probation of Offender's Act can be extended to the petitioner.

6. Accordingly, the revision petition is partly allowed. The conviction and sentence of the petitioner is maintained but the same is suspended on the ground that in case the accused petitioner furnishes a personal bond of Rs. 3,000/- with one surety in the like amount to the satisfaction of the Additional Munsif and Judicial Magistrate, Bayana, keeping the peace and be of good behaviour for a period of one year. In case of breach of the condition of bonds the petitioner shall undergo the sentence awarded to her by the trial court and confirmed by the Appellate Court. The petitioner is directed to submit the bonds within a period of two months from the receipt of the record in the trial Court.Revision Partly allowed.

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