Full Judgment
Shyam Sunder Byas, J.
1. Accused Labh Singh was convicted under Section 25(a) of the Arms Act, 1959 and was sentenced to six month's rigorous imprisonment with a fine of Rs. 500/- by the learned Chief Judicial Magistrate, Barmer by his judgment dated April 19,1978. The accused went in appeal which was heard and decided on 1-6-1979 by the Sessions judge, Balotra. His appeal was dismissed and his conviction and sentence were maintained. The accused has come up in revision.
2. In view of the concurrent findings of both the courts below Mr. Singhi, learned counsel for the accused did not challenge his conviction. The only submission made by him is that no previous conviction stands to the discredit of the accused. Only 25 cartridges were found in his possession which could not be used without a firearm. Looking the manner in which the offence was found as proved, the sentence imposed on the accused is uncalled for. He, therefore, submits that the accused should be released on probation of good conduct. It was also argued that the two courts below did not record reasons for not extending the benefit of the probation of good conduct to the accused as is required by Section 360 and Section 361 of the Cr. PC.
3. In reply the learned Public Prosecutor submitted that since the offence is of serious nature no leniency in the matter of sentence is called for. The offence under Section 25(a) of the Arms Act is punishable with imprisonment for a term which may extend to three years or with fine or with both. Section 360 Cr. PC lays down that when a person is convicted of an offence punishable with fine only or with imprisonment for a term of 7 years or less, he should be released on probation of good conduct unless there are cogent and convincing reasons for not doing so. Section 361 Cr. PC lays down that in case the court does not proceed under Section 360 Cr. PC reasons must be recorded in writing. In the instant case both the courts below have not taken into consideration the mandatory provisions of Section 360 and Section 361 Cr. PC The accused was found in possession of 25 carridges in 1975. No previous conviction stands at his discredit. Looking to the facts and circumstances of the case it would not be improper to release him on probation of good conduct.
4. In the result the revision of accused Labh Singh is partly allowed. His conviction under Section 25(a) of the Arms Act is maintained but the sentences awarded to him are set aside. Instead of sentencing him at once to any punishment it is hereby directed that he will be released on his entering into a bond for a sum of Rs. 2,000/- with a surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Barmer, to appear and receive sentence when called upon during a period of two years and in the mean time to keep peace and be of good behaviour. The accused is allowed two months time to submit the aforesaid bonds before the learned Chief Judicial Magistrate, Barmer.