Arun Madan, J. - (1.) The petitioner has come up before this Court by way of the instant revision petition against the judgment order dated 20-2-1999 passed by learned Special Court (Communal Riots) and Additional Sessions Judge. Tonk in Criminal Appeal No. 105/1998 whereby the said Court partly allowed the appeal preferred by the petitioner against the judgment dated 24-4-1996 passed by learned Civil Judge (Junior Revision) and Judicial Magistrate, Uniyara in Criminal Case No. 27/7/1995, setting aside the conviction of accused under Section 341. IPC while maintaining the conviction under Section 354, IPC and reduced the sentence from 2 years S.I. to 1 year S.I. but maintained the fine of Rs. 500/- and in default sentence of one month S.I. was awarded to the petitioner.
(2.) During the course of hearing, Mr. R.N. Sharma learned Counsel for the petitioner has vehemently contended at the Bar that the petitioner is a first offender and he is entitled to the benefit of probation as per the requirement of Section 4 (1) of the Probation of Offenders Act, 1958 for short the Act of 1958 read with Section 360(1), Cr. P.C. which stipulate respectively, as under: 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. Order to release on probation of good conduct or after admonition: 360(1). When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life and no previous conviction is proved against the offender if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed that it is expedient that the offender should be released on probation of good conduct, 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 where any first offender is convicted by a Magistrate of the Second Class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the First Class, forwarding the accused to, or taking bail for the appearance before such Magistrate, who shall dispose of the case in the manner provided by subsection (2).
(3.) I have heard learned Counsel for the petitioner, perused the material available on record as well as the provisions of Section 4 (1) of the Act of 1958 and Section 360(1), Cr. P.C.;