Granting of probation based on the circumstances of the case, including the petitioner's age, lack of previous conviction, and the amount of liquor recovered

1. - The petitioner Rameshwar has been convicted u/s 4 (2) of the Rajasthan Prohibition Act and sentenced to six months' R.I. and a fine of Rs. 250/- by the learned Judl. Magistrate, Balotra on 5. 3. 81. This appeal was dismissed by the learned Sessions Judge, Balotra. Hence this revision.

2. I have heard the learned counsel for the petitioner and the learned P. P. and have gone through the two judgments.

3. The learned counsel does not challenge the conviction of the petitioner but urges that looking to the age of the petitioner and the amount of the liquor recovered and the fact that the petitioner is not a previous convict, he may be granted benefit of probation. In view of this submission, the revision can be disposed of at the stage of admission itself.

4. Looking to all the circumstances of the case pointed out by the learned counsel, I am inclined to accept this contention. The accused is a young person. There is no previous conviction against him and the amount of the liquor recovered is also not much.

5. I, therefore, partly accept this revision and while maintaining the conviction of the petitioner, set aside the sentence awarded to him. He is not sentenced to any punishment forthwith but he shall be released on his entering into a bond in the sum of Rs. 3,000/- (Rs. three thousand) with a surety in like amount to the satisfaction of the learned Judl. Magistrate, Balotra to appear and receive sentence whenever called upon to do so within a period of two years and in the meantime, to maintain the peace and be of good behaviour. I further direct that he will pay a sum of Rs. 20)/- by way of cost of the proceedings to the State. This amount shall be deposited within one month from today.Revision partly allowed.

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