SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In regular Criminal Case No. 15/92 of Additional Chief Judicial Magistrate No.2, Jodhpur by its judgment dated 12.03.1997 that court had convicted and sentenced the accused petitioner Sohan Lal under Section 92 of Factories Act, 1948 and he was ordered to suffer the sentence till rising of the court with a fine of 5000/- and in default of payment of fine amount, he was ordered to undergo two month's additional simple imprisonment. Sohan Lal filed an appeal and his Criminal Appeal No. 4/97 was decided on 10.04.1997 by Additional Sessions Judge No.2, Jodhpur. The said court had partly accepted the appeal and accordingly the accused appellant was convicted and sentenced under Sections 14, 45 and 95/92 of Factories Act with a fine of 5000/- and in default of payment of fine he was ordered to suffer two months additional simple imprisonment.

(2.) Now the accused petitioner has come in this revision petition. The learned counsel for the revision petitioner has argued the case on merits also but looking to the un-controverted statement of PW-1 Mandal Purohit, Inspector of factories and boilers. It can be said that the accused was not using a dust controller in his factory premises and he was not having any sanction regarding building and layout of the machinery of his factory premises and he was also found guilty under Section 45/92 of Factories Act, 1948 regarding not keeping first aid box along with medicines in his factory premises and other offences for which he was charged.

(3.) I have also perused the statement of DW 1 Rajendra. After perusal of the record and after hearing the arguments of both sides on merits, I do not think it fit to disturb the findings of the Appellate Court and so conviction of accused petitioner under Section 14, 45 and 95/92 of the Factories Act, 1948 is hereby upheld but so far as fine is concerned, matter is about nineteen years old and the accused petitioner has suffered the mental agony of protracted trial. In the circumstances of the case, benefit of probation may be given to the accused petitioner and accordingly his revision petition is hereby partly accepted and it is hereby ordered that if the accused petitioner submits one bail bond and one personal bond of 25,000/- each for a period of three years to the satisfaction of the Trial Magistrate under Section 4 of Probation of Offenders Act, and then he be released on probation. He will have to comply this order on or before 20.5.2014 before the trial court or else the trial court will make him suffer the sentence which was passed on 10.4.1997 by the Additional Sessions Judge No.2, Jodhpur in the Criminal Appeal No. 4/97.