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Criminal Revision No. 445 of 1971-, decided on 28th May 1971.
S. 5- -Release on probation---Accused not previous convict and sole bread winner of family-- Sentence of six months substituted by probation order-Penal Code (XLV of 1860), S. 411.
Mohd. Afzal Siddiqui for Petitioner.
Mohd. Rafiq Malik for the State.
Date of hearing : 28th May 1971.
Khalid Latif petitioner, a young man of 22 years of age, was convicted by the trial Magistrate for an offence tinder, section 411, P. P. C., for having been found in possession of, three loud speakers, stolen from the Muslim High School valued at Rs. 96. He was awarded a sentence of six months' R. I. Having failed in. appeal he has preferred the present revision petition.
2. Learned counsel does not challenge the conviction on merits but has only prayed that in -view of the fact that the petitioner is not a previous convict' and has recently lost his father who died on the 21st of November 1970, as indicated by the death certificate placed on the record the sentence of six months' R. I. may be substituted by a probation order. It is submitted that he is the sole bread-winner of the, family and that the ends of justice would be fully .met by a probation order under section 5 of the Probation Offenders Ordinance (No. XLV 1960).
3. Having regard to the facts and circumstances of the case I see no objection to the substitution of the sentence of imprisonment by a probation order as prayed on behalf of the petitioner. He has no previous conviction to his discredit and with the demise of his father on the 21st of November 1970, the entire family has become dependent on him. Accordingly, I allow this petition and direct that the learned Assistant Commissioner. Lahore, shall pass a proper probation order under section 5 of Ordinance No. XLV of 1960 In accordance with the provisions contained therein. The petitioner shall be released as soon as the probation order is made by the learned, Magistrate after he has executed a bond in terms of the provisos to clause (b) of subsection (1) of section S of the aforesaid Ordinance.
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