The court has the discretion to grant probation based on the circumstances of the case, while maintaining the conviction under the Arms Act.

1. - This revision petition has been preferred against the judgment dated 31.10.98 passed by learned Additional Sessions Judge No. 1, Sri Ganganagar whereby he confirmed the judgment and sentence dated 13.11.97 passed by Judicial Magistrate, Sri Ganganagar in Cr. Case No. 113/92 whereby the petitioner was convicted for the offence under Section 25 1-B(a) of the Arms Act for having possession of illicit arm 315 bore pistol and three cartridges. He was sentenced to undergo one year simple imprisonment and fine of Rs. 100/- in default to undergo one month's simple imprisonment.

2. Notice has been given to the learned Public Prosecutor who accepts the same.

3. The learned counsel for the petitioner does not advance any argument on the merits of the judgment regarding the conviction as stated above. He has only argued about the sentence passed against the petitioner. It is submitted by him that the age of the petitioner at the time of commission of the offence was 28 years. The case was registered on 17.3.92. Thus he is facing trial for the last more than 7- years and he has undergone mental agony since 1992. He has also been detained in judicial custody and after conviction for more than one and half months. There is no adverse entry or any facts against the petitioner about his antecedents. There is no previous conviction also against him. It is, therefore, prayed that the petitioner may be released on the period already undergone by him or on probation. The learned Public Prosecutor submitted that in view of the facts and circumstances of the case the petitioner may be at least bound down for keeping peace and good behaviour for a period of two years.

4. I have perused the record. Having considered the arguments on behalf of the petitioner and overall facts and circumstances of this case, I deem it just and proper to extend the benefit of probation to the petitioner. I have perused the judgment of the two courts below and I do not find any illegality as to interfere in the finding of conviction recorded against the petitioner.

5. The revision petition is partly allowed. The conviction of the petitioner, for the offence under Section 125 1B (a) of the Arms Act is hereby maintained. However, the sentence awarded to the petitioner is hereby set aside and he is ordered to be released on probation of good conduct on his entering into personal bound for a sum of Rs. 500/- with one sound and solvent security in the like amount to the satisfaction of the trial court, to appear and receive the sentence when called upon during a period of two years from today and in the meantime to keep peace and be of good behaviour. He shall also give undertaking that during this period he shall not commit any offence punishable under the Arms Act.Revision Partly Allowed.

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