The court applied Section 360, Cr. PC to grant the petitioners release on probation based on the length of time since the offence and their lack of prior convictions.

1. - Jeet Singh and Kala Singh the petitioners in this revision petition were prosecuted for offences Under Sections 54(a) and 54(d) of the Rajasthan Excise Act. The Judicial Magistrate, 1st Class, Hanumangarh by judgment dated September 29,1978 convicted them of both the offence and sentenced them to rigorous imprisonment for two months and to pay fine of Rs. 50/- and in default of payment of fine to undergo simple imprisonment for 15 days Under Section 54(A) and rigorous imprisonment of six months and pay fine of Rs. 200/- and in default of payment of fine to undergo rigorous imprisonment for further period of one month Under Section 54(d) of the Rajasthan Excise Act. On appeal, the Additional Sessions Judge No. 1, Hanumangarh set aside the conviction of the petitioners Under Section 54(a) of the Rajasthan Excise Act but maintained their conviction and sentence Under Section 54(d) of the Rajasthan Excise Act. Shri Kalla, learned Counsel for the petitioner has urged that the incident related to the year 1976 and more than 13 year have elapid and that the petitioner had not earlier been convicted of any offence and in the facts and circumstances of the case they may be released on probation. In support of the aforesaid contention Shri Kalla invited my attention to the decision of this Court in Mag Singh v. State of Rajasthan, 1981 Cr. LR 569 .

2. Seeping in view the fact that the offence was committed on February 3,1976 and the petitioners have not earlier been convicted for any offence, I consider it appropriate in the interest' of justice to give the benefit of Section 360, Cr. PC to the petitioners.

3. Therefore, while maintaining the conviction of the petitioners Under Section 54(d) of the Rajasthan Excise Act it is directed that the petitioners shall be released on probation of their furnishing personal bond in the sum of Rs. 2000/-and on surety in the like amount to appear and receive sentence ordered and where ever called upon to do so and in the mean time to keep the peace and be of good behaviour. The petitioners will execute bond and surety to the satisfaction of Additional Sessions Judge No. 1 Hanumangarh.Writ allowed.

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