ORDER
Viney Mittal, J.
1. The present petition has been filed by the petitioner – Chiranji Lal challenging the judgment dated April 3, 1991 passed by the learned Additional Sessions Judge, Narnaul, whereby the appeal filed by the petitioner against the judgment dated October 24, 1990 and order of sentence dated October 25, 1990 passed by the learned Sub Divisional Judicial Magistrate, Mohindergarh was dismissed and conviction and sentence imposed upon the petitioner was upheld. The petitioner had been sentenced to undergo rigorous imprisonment for a period of six months and to pay of fine of Rs. 1000/- by the trial Magistrate.
2. At the outset Shri R.K. Dhiman, learned counsel appearing for the petitioner submits that he does not wish to challenge the conviction as ordered by the learned Courts below, but would confine his prayer with regard to the sentence awarded to the petitioner.
3. I find that this prayer made by the learned counsel for the petitioner is very just and fair. Even otherwise, I find that the prosecution has been able to prove the guilt of the accused by leading cogent evidence to show that the petitioner was in fact in possession of 138 bottles of illicit liquor. No defect or infirmity has been pointed out by the learned counsel for the petitioner in the prosecution version.
4. Shri R.K. Dhiman, learned counsel for the petitioner submits that as per the prosecution version itself the aforesaid recovery was made from the petitioner on July 9, 1988. In this view of the matter, it is submitted that the petitioner has already suffered a long and protracted criminal proceedings for a period of more than 14 years. It is also pointed out by the learned counsel for the petitioner that the petitioner was ordered to be released on bail by this Court vide order dated April 12, 1991 and after his release the petitioner has not misused the aforesaid concession of bail. Under these circumstances, learned counsel for the petitioner prays that the petitioner may be granted the benefit of probation.
5. As per the prosecution version itself, the petitioner was found in possession of the aforesaid illicit liquor on July 9, 1988. In this matter, the petitioner has already suffered a long and protracted proceedings for a period of more than 14 years. The present petition has also remained pending in this Court for more than 11 years. The petitioner was granted bail by this Court vide order dated April 12, 1991 and nothing has been pointed out by the learned State counsel that the petitioner at any stage has misused the concession of bail.
6. Keeping in view the aforesaid facts and circumstances of the case, I set aside the order of sentence awarded to the petitioner and order that the petitioner be released on probation. Accordingly, the petitioner is directed to be released on probation on his furnishing bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Narnaul with an undertaking to keep peace and be of good behaviour for a period of one year and to appear and receive sentence during the said period if and when called upon to do so.
7. With the above modification, the present petition is disposed of.