SMT. ANANPEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been convicted under S. 4(2) of the Rajasthan Prohibition Act, 1957 (since repealed). The offence alleged to have been committed by her relates to 30.6.80. She has been held guilty of offence by both the courts and in view of the fact that conviction is not challenged before me I need not give the facts of the case as well as the points involved. The only argument advanced before me is that in the circumstances of this case she should have been given the benefit of S. 360 Cr. P.C. keeping in view the fact that she is an old lady of 65 years and she has already suffered economically and mentally for a period of 11 years in facing the trial. Besides this, she is in jail since 6.8.91, thus for a period of more than a month. Learned counsel for the petitioner has relied on the two decisions of this court reported in 1980 RCC 126 and 1981 RCC 2. In both these cases the petitioners have been extended the benefit of S. 360 Cr. P.C. in case under the Rajasthan Prohibition Act in the similar circumstances. Accepting the preposition laid down in the aforesaid two cases I deem it proper to give benefit of the provisions of S. 360 Cr. P.C. to the petitioner because she is an old lady of 65 years who is in the evening of her life and that the case is pending for 11 years besides this the Act has itself be repealed.

(2.) In these circumstances the petition is partly allowed. Conviction of the petitioner is maintained but in lieu of sentence passed I extend the benefit of provisions of S. 360 Cr. P.C. to the petitioner. I therefore, direct that the petitioner shall be released on her executing a personal bond in the sum of Rs. 2000.00 to the satisfaction of the trial court for keeping peace and be of good behaviour for a period of two years. Petition partly allowed.