JUDGMENT 1. - On the direction of the Court, Public Prosecutor accepts notice, 2. The petitioner has been convicted for the offence u/sec. 54 D of the Rajasthan Excise Act and has been sentenced to one years rigorous imprisonment and to pay a fine of Rs. 100/ - in default of payment of fine to undergo one months rigorous imprisonment. 3. Learned counsel for the petitioner did not challenge the conviction of the petitioner. He, however, urged that the petitioner is first offender, so, he it by be given benefit of probation. Learned counsel for the petitioner places reliance on Surjit Singh v. State (1986 Cr. L. R. P. 121) . 4. In the facts and circumstance of the case, I am inclined to grant the benefit of probation. Accordingly, the petition is allowed- The conviction of the petitioner is maintained. Instead of sentencing the petitioner, it is ordered that he shall be released on his furnishing a personal bond in the sum of Rs. 2000/-with one surety in the like amount to the satisfaction of the Addl. Sessions Judge, No. 2, Shri Ganganagar to appear and receive sentence whenever called upon to do so during the period of one year to keep peace and be of good behaviour, in the meantime.Revision partly allowed. *******