RAM KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the petitioner has not challenged the conviction of the petitioner under Section 16/54 of the Rajasthan Excise Act but he has only prayed that in the facts and circumstances of this case the petitioner should be given benefit of probation. It is contended that the only fact found proved against the petitioner is that he was found in possession of 10 bottles of illicit liquor in a Jariken. It is submitted that the petitioner is a Khateek which is a Scheduled-caste and he is a poor man and it is the first offence committed by him. It is further submitted that the petitioner has remained in jail 8 days. It is also submitted that the case of the petitioner does not fall within the provise to Section 54 of the Rajasthan Excise Act under which minimum sentence prescribed is six months and fine of Rs. 200/-.

(2.) TAKING in view the entire facts and circumstances of the case and the fact that the petitioner is a member of Scheduled caste and it is his first offence and the only charge against him held proved is that he was found in possession of 10 bottles of illicit liquor, and the fact that the petitioner has also remained in jail for 8 days. I consider it proper that the petitioner should be given benefit of probation. The revision petition is thus partly allowed. The conviction of the petitioner under Section 16/54 of the Rajasthan Excise Act is maintained and instead of serving the sentence by the petitioner he would be entitled to be released on bail learned counsel for the petitioner state that the petitioner has already deposited the amount of fine. In case the amount of fine bas been deposited, the petitioner will be released on bail provided he furnishes a personal bond in the sum of Rs. 200/- with one surety in the like amount to maintain peace and to remain of good behaviour for a period of two years. The sentence of fine awarded to the petitioner is maintained. The petitioner shall furnish the requisite bonds in the Court of AddI. Munsif and Judicial Magistrate No. 1, Kota (South). On Furnishing thy requisite bonds as ordered above the petitioner would be released on probation. Petition partly allowed.