HARBANS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated 15.12.98 passed by the learned Addl. Sessions Judge, Anoopgarh, whereby he rejected the revision of the petitioner filed against the order dated 11.11.98 passed by the Addl. CJM, Anoopgarh.

(2.) The short facts are that the petitioner was convicted under Sec. 54 of the Rajasthan Excise Act by the Judicial Magistrate, Anoopgarh vide his judgment dated 21.8.95. He was sentenced to 6 months' S.l. and a fince o Rs. 500. He challenged the judgment by preferring an appeal before the Addl. Sessions Judge, who vide his judgment dated 19.11.97 upheld the conviction of the petitioner but set-aside the sentence passed by the Magistrate and instead, directed his release on probation for a period of Two years on condition that he furnished bail bonds in the sum of Rs. 4,000 within one month. The petitioner, it seems, failed to furnish the bail bonds and hence he was arrested on 11.11.98 and was produced before the Magistrate, who sent him to prison to undergone the sentence passed vide order dated 21.8.95 the petitioner preferred revision against this order which was dismissed by the learned Addl. Sessions Judge.

(3.) Mr. Garg submits that the petitioner could not furnish the bail bonds as he remained under the impression that he was acquitted. He further submits that petitioner is ready and willing to furnish bail bonds and may be directed to be released on probation on his furnishing bail bonds.