ORDER : 1. Leave granted. 2. Heard learned counsel appearing for the parties. 3. The Sessions Court held the appellant guilty of offences punishable under sub-Sections 1 and 2 of Section 8 of the Kerala Abhkari Act. The Sessions Court imposed sentence of rigorous imprisonment for one year and directed the appellant to pay fine of Rs.1,00,000/-. The sentence of simple imprisonment of three months was granted in default of payment of fine. 4. The allegation is that on 22nd September, 2011 in the evening, the appellant was found in possession and was transporting 5 litres of illicit Arrack. By the impugned judgment, the High Court reduced the substantive sentence of rigorous imprisonment for one year to simple imprisonment for a period of three months. Fine amount was confirmed. 5. This Court by order dated 10th December, 2021 has issued notice limited to sentence. 6. By order dated 29th November, 2021, the learned Single Judge of this Court noted that the appellant has undergone imprisonment for 13 days and he was suffering from heart ailment. By the said order, exemption from surrendering was granted. 7. After having heard the learned counsel appearing for the parties and after perusing the counter produced by the respondent – State, we find that there is no material to show that before or after commission of the offence subject matter of the present appeal, the appellant is involved in any other offence. 8. Therefore, considering the facts of the case, this is a fit case where benefit of the provisions of Probation of Offenders Act, 1958 (for short, ‘the 1958 Act’) deserves to be granted to the appellant. For that purpose, we direct the appellant to appear before the Trial Court within a maximum period of six weeks from today. The Trial Court shall pass appropriate order under Section 4 of 1958 Act. The appellant will comply with requirement of filing bonds etc. in terms of order of the Sessions Court. Till the completion of formalities under Section 4 of the 1958 Act order of exemption granted to the appellant will continue to operate. 9. The appeal is partly allowed on above terms. 10. We make it clear that the Sessions Court shall grant benefit of probation only if within six weeks from today the appellant deposits the fine amount. 11. Pending application(s), if any, shall stand disposed of.