JUDGMENT 1. - This revision petition is directed against the order/judgment of Sessions Judge, Balotra, dated July 7, 1979 upholding the conviction of the petitioner under section 9 of the Opium Act and sentencing him to six months rigorous imprisonment and to pay a fine of Rs. 500/- in default of payment of fine to undergo two months rigorous imprisonment awarded by the Munsif and Judicial Magistrate, Balotra in criminal case No 407/74. 2. In the instant case looking to the concurrent finding of the two courts below, Mr. Singhvi, learned counsel appearing for the petitioner did not challenge the conviction. He submitted that looking to the age and status of the petitioners well as his subsequent conduct the accused petitioner should be released on probation under the Probation of Offenders Act. 3. The learned Public Prosecutor, on the other hand, opposed the prayer and submitted that it is not a fit case where benefit of Probation Act can be given to the petitioner. 4. I have considered the submissions of both the learned counsel. The accused was found in possession of about of opium and he was arrested and remained in Jail for about 10 days. Shri Sohanraj is an old man of 68 years of age. There is no proof of his previous conviction. After the said conviction, the accused-petitioner ever committed any offence, has not been brought on record. Under these circumstances, I think it just and proper that the accused-petitioner should be given the benefit of Probution of Offenders Act. 5. In the result, the revision of the accused-petitioner is partly allowed. His conviction under section 9 of the Opium Act is maintained, but sentence awarded to him are set aside and instead of sentencing him at once to any punishment, it is hereby directed that he be released on his entering into a bond for a sum of Rs. 2000/- with one surety in the like amount to the satisfaction of the learned Munsif and Judicial Magistrate, Balotra to appear before him and receive sentence whenever called upon to do so during the period of two years and in the mean time to keep the peace and be of good behaviour. The accused-petitioner is allowed 2 months time to furnish the aforesaid bonds.Revision partly allowed. *******