M.B. Sharma, J. - (1.) NOTICE of this appeal has been given to the Public Prosecutor and arguments heard. The only ground urged by Dhankar is that looking to the nature of the allegations that price and stock of some articles like match box and soap was not displayed in the price list and stock list, the case should have been dealt with under the provisions of Section 4 of the Probation of Offenders Act, more so in view of Section 361 Cr.PC.
(2.) IN my opinion the case should have been dealt with under Section 4 of the Probation of Offenders Act. The appeal is partly allowed, While maintaining conviction of the accused petitioner under Section 3/7 of the Essential Commodities Act, it is hereby directed that if the accused executes a personal bond in the sum of Rs. 3,000/ - (Three thousand) with one surety in the like amount to the satisfaction of the trial court with stipulation to appear and receive sentence when called upon to do so within a period of one year and in the meanwhile keep peace and be of good behaviour the accused should be released. The bonds should be furnished within two months failing which the trial court shall take steps that the accused is called upon to undergo the sentence awarded.;