Moti Lal vs State of Uttar Pradesh

S. Murtaza Fazal Ali, J.—This appeal by special leave is confirmed only to the question whether or not the appellant should be released on probation under the U.P. First Offenders Act, It appears that the appellant was a young man and a student and there is no evidence to show that he had any previous conviction to his credit. In the facts and circumstances of the case we feel that if the appellant is sent to Jail the prospect of his becoming a hardened criminal in the company of other criminals cannot be ruled out. It is also clear that the offence u/s 399/402 IPC of which the appellant has been convicted is not punishable with death or imprisonment for life. In these circumstances, we are satisfied that this is a fit case in which the appellant should be released on probation. We accordingly allow this appeal and while maintaining the conviction, instead of passing the sentence of imprisonment which we set aside, we release the appellant on probation of good conduct by furnishing a bond with two sureties of Rs. 5000/- each to the satisfaction of the trial court an under taking that he will maintain good behavior during the period of two years, failing which he will have to appear and receive the sentence imposed.