Atul Kumar Jain, J. - (1.) BY the judgment dt. 05.08.1993 in Criminal Case No. 871/1983 titled as State v. Heera Ram, the Court of Additional Chief Judicial Magistrate, Sojat District Pali had convicted the accused -petitioner Heera Ram under Sec. 3/7 of Essential Commodities Act, 1955. Criminal appeal No. 14/1993 filed by accused -petitioner Heera Ram was decided on 04.12.1997 by the Additional Sessions Judge, Sojat District Pali and by that judgment, accused Heera Ram was ordered to suffer the conviction and sentence as follows: Now, the accused -petitioner Heera Ram has filed this criminal revision petition. He has not challenged his conviction but his prayer is limited only to the effect that being first offender relating to an offence which is not much serious, he should be given benefit of probation. It has also been argued that in this case, he has suffered a few days in Jail also.
(2.) IN the circumstances of the case, the learned Public Prosecutor has also not opposed the prayer of the accused -petitioner. As per the facts of the case, it has been alleged that sulphur sugar was to be sold by the retail shop keepers at the rate of 09.50 per kilogram but the accused was found selling that item at a rate of Rs. 11 per kilogram. This was an offence at that time under Sec. 3/7 of the Essential Commodities Act, 1955. The date of incident was 09.09.1980, almost 34 years have passed. Looking to the period for which the accused -petitioner has suffered agony of the trial, this Court is inclined to grant benefit of probation to the accused -petitioner Heera Ram. Accordingly, this revision petition is accepted and it is hereby ordered that the accused -petitioner Heera Ram will be entitled to the benefit of probation provided he submits two bail bonds of Rs. 10,000/ -each and a personal bond of Rs. 20,000/ - under Sec. 4 of the Probation of Offenders Act for a period of three years before the trial Court. For this purpose, the accused -petitioner will have to appear on 20.05.2014 before the trial Court at 07:30 AM. If he fails to appear on that date then the trial Court will be entitled to make him suffer the sentence passed by the Additional Sessions Judge, Sojat District Pali. The revision petition stands disposed of accordingly. The record of the Courts below and bail bonds executed by the accused at the time of suspension of sentence along with a copy of this judgment be sent to the concerned Courts within three days.;