Short Note : 1. This revision petition has been filed by the petitioner against his conviction under section 353, Indian Penal Code and sentence of one month's rigorous imprisonment and a fine of Rs 50/- by the Sessions Judge, Shajapur, on hearing an appeal filed by the petitioner against his conviction and sentence passed by the Judicial Magistrate, first Class, Susner. 2. Held: Having heard learned counsel for the parties it could not be doubted that the conviction of the appellant under section 353, Indian Penal Code is justified; but learned counsel for the petitioner contended that this prosecution has been going on since 1971 and the petitioner is an old man and no useful purpose would be served by sending him to jail again when he has already been released On bail by the orders of this Court dated 24-5-76. Learned counsel states that he must have been in jail for about 10 days and when the total sentence is that of one month it would not be desirable to send the petitioner back in custody for such a short period. Learned counsel for the State has nothing to say on the question of sentence. 3. In the circumstances mentioned above that the petitioner is to serve a short sentence out of which he has already served a part of it and is also sentenced to a fine of Rs. 50/-, in my opinion,' it would not be proper to send him to custody again to serve a short period of sentence. The petitioner has been sentenced to pay a fine of Rs. 50/- and under these circumstances of the' case a sentence of fine alone would be sufficient. Revision partly allowed.