B.S.YADAV, J. - (1.) THIS petition find by Bakhtawar Singh convict, was admitted only regarding the quantum of sentence. Therefore, it is not necessary to give the prosecution story in detail.
(2.) SUFFICE it to say that the petitioner was found in possession of a can containing 40 bottles of illicit liquor on December 27, 1981, in the area of village Ladowal. The trial Court convicted the petitioner under section 61 (1)(a) of the Excise Act and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/ - in default of the payment of fine, further rigorous imprisonment for six months was awarded. A prayer for releasing the petitioner on probation was made before that Court as he was the first offender, but was declined merely, on the basis of the quantity of the illicit liquor recovered from him. In appeal filed by the petitioner which was heard by the learned Additional Sessions Judge, Ludhiana, his conviction was maintained, but his sentence of rigorous imprisonment was reduced to eight months and the fine was maintained. Before him also, a prayer was made for releasing the petitioner on probation and the prayer was declined on the ground that the huge quantity of illicit liquor was recovered from him and, therefore, he could not be said to be a man of good antecedents. The petitioner has now filed this revision petition, which as noticed earlier has been admitted only regarding the quantum of sentence.
(3.) THE learned counsel for the petitioner urged that both the courts below have refused to release the petitioner on probation on, untenable grounds. According to him merely because 40 bottles of illicit liquor were recovered he cannot be said to be a man of bad antecedents. I am of the opinion that the above submission has force. The modern penology, Jeans towards reforming a criminal and for that purpose legislature has enacted Probation of Offenders Act 454 and precisely for that reason section 360 was introduced in the Criminal Procedure Code, 1973. If first offenders, who are of young age are sent to prison, there is every likelihood of their becoming hardened criminals by coming into contact with such criminals. The petitioner is a first offender and was aged only about 26 years. For the foregoing reasons, while maintaining the conviction of the petitioner. I set aside the sentences imposed on him and give him benefit of probation of section 4 of the Probation of offenders Act 1958. lie is ordered to be released on probation for two years on his entering into a bond of Rs. 5000/ - with one surety of like amount and to receive the sentence when called upon during the above period and in the meantime to keep peace and be of good behavior. The petitioner is also directed to pay Rs. 500/ - as costs of the litigation. The above bonds be filed within two months from today to the satisfaction of the Chief Judicial Magistrate, Ludhiana, failing the present petition shall stand dismissed and the sentence of the petitioner will automatically revive and he would have to undergo the unexpired period of sentence. In case the bonds are filed within the above period the fine if paid will be refunded to the petitioner. Appeal allowed.;