Grille, A J C—This is a reference by the Sessions Judge, Raipur, under S. 438, Criminal P.C., reporting Criminal Case No. 317 of 1931, decided by Mr. S.V. Nayadu, Magistrate, First Class, Bilaspur, and recommending that the order releasing the accused on probation of good conduct under S. 562 (1), Criminal P.C., be set aside as it is illegal and that the case be remanded for passing a legal sentence. The two accused are women and they have been convicted of the offence of voluntarily causing hurt in the commission of a robbery, which is punishable with transportation for life or with rigorous imprisonment for a term which may expend to ten years. In answer to a rule issued to show cause why the order of release should not be set aside and sentence passed the Government Advocate appeared for the Crown and the accused appeared in person.

2. The question whether the order is illegal depends on the interpretation of the words ''punishable with death or transportation for life.'' The provision to release first offenders on probation is applicable to persons not under 21 years of age who are convicted of offences punishable with imprisonment for not more than seven years, but in t