GOVINDLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The only prayer, which has been made by the learned counsel for the petitioner is that the petitioner may be granted the benefit of probation in this case.

(2.) The petitioner was prosecuted for the offence under section 4(2) of the Rajasthan Prohibition Act, 1969 for having been found in possession of two bottles of illicit liquor on 24.4.1976. After trial, the petitioner was sentenced to three months simple imprisonment ana a fine of Rs. 100.00, in default of payment of fine to undergo 1 month's further imprisonment. The appeal of the petitioner was unsuccessful before the Additional Sessions Judge No. 1 Jodhpur Camp Jaisalmer. It may be stated that more than six years have been passed. Considering that and the other circumstances in the case, in my opinion, the ends of justice would be met if the petitioner is granted the benefit of probation.

(3.) Accordingly, this revision petition is allowed in part. The petitioner's conviction is maintained. However, instead of sentencing him, it is ordered that he be released on furnishing a personal bond for a sum of Rs. 2,000.00 with one surety in the like amount to the satisfaction of the Chief Judicial Magistrate, Jaisalmer for keeping peace and good behaviour for a period of six months.