The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under Section 4 of the Probation of Offenders Act, 1958, based on the absence of criminal antecedents and the legislative intent of the Act.

JUDGMENT

Pushpendra Singh Bhati, J. - This Criminal Revision Petition has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-

"It is, therefore, most respectfully prayed that the revision petition may kindly be allowed and the impugned judgments and order of conviction passed by the two courts below on 18.03.1999 and 15.09.1999 respectively quashed and set aside and the accused be acquitted of the offences punishable under Sections 457 & 381 IPC."

2. The matter pertains to an incident that occurred in the year 1996 and the present appeal has been pending since 1999.

3. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the judgment dated 15.09.1999 passed by learned Additional Sessions Judge No. 1, Sriganganagar in Criminal Appeal No. 53/99 whereby the judgment dated 18.03.1999 passed by the learned Additional Chief Judicial Magistrate, Sriganganagar in Criminal case No. 12/97 convicting the revisionist-petitioner was upheld. The petitioner was convicted for the offences under Sections 457 & 381 of IPC and was sentenced to undergo 6 months and a fine of Rs. 100/- in default of payment of which, he was ordered to undergo further one month S.I. and was sentenced to undergo 6 months and a fine of Rs. 100/- in default of payment of which, he was ordered to undergo further one month S.I. respectively.

4. Learned counsel for the accused-petitioner submits that the accused-petitioner do not have any criminal antecedents to his discredit.

5. Learned counsel for the accused-petitioner further submits that the sentence awarded to the accused-petitioner was suspended by this Hon'ble Court vide the order dated 28.10.1999 passed in S.B. Criminal Misc. Petition No. 164/99 and thus, he is on bail.

6. Learned counsel for the accused-petitioner however, makes a limited prayer that the accused-petitioner may be granted benefit under Section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as 'the Act').

"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 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)...

(4)...

(5)..."

7. On the other hand, learned Public Prosecutor opposes the appeal and submits that looking to the overall facts and circumstances of the case and the well reasoned speaking order passed by the learned court below, the accused-petitioner is not entitled for any indulgence by this Court.

8. Heard learned counsel for the parties as well as perused the record of the case.

9. In Arvind Mohan Sinha v. Amulya Kumar Biswas (1974) 4 SCC, the Hon'ble Apex Court observed as under:-

"The Probation of Offenders Act is a reformative measure and its object is to reclaim amateur offenders who, if spared the ind