JUDGMENT 1. - This revision petition has been filed by the petitioner against the order dated 02nd of July, 2008 passed by learned Additional District & Sessions Judge (Fast Track) No. 9, Jaipur City, Jaipur in Criminal Appeal No. (117/08) 15/08 whereby learned appellate Court set aside the sentence recorded by learned trial court on the benefit of Section 4 of Probation Act but ordered to deposit Rs. 10,000/- as prosecution expenses under Section 5 of the Probation of Offenders Act, 1958.Without going into the merits and facts of the case, learned counsel Mr. Liyakat Khan appearing on behalf of the petitioner has draw the attention of this Court upon the judgment of the Coordinate Bench of this Court reported in 2006(1) RCC 562; the relevant part of the judgment runs as under : "Probation of Offenders Act, 1958-Sections 4 and 5 r/w Section 397/401 Cr.PC. ACJ, in appeal, instead of sentencing, released the petitioner on probation and directed him to pay Rs. 25,000/- as prosecution expenses u/s. 5 of the P.O. Act- Revision -Submitted that petitioner is poor and the amount is disproportionately, high. Held,-Amount reduced to Rs. 2000/- impugned order as to release on probation maintained." 2. Learned counsel contended that in the light of the aforesaid judgment, the prosecution expenses of Rs. 10,000/- as awarded by the learned appellate court to be paid by the petitioner should be reduced.Per contra, Learned Public Prosecutor has opposed the arguments advanced by Mr. Liyakat Khan. 3. I have heard learned counsel for the parties and also gone through the record of the case. 4. At the very outset, learned counsel for the petitioner submits that the petitioner does not want to challenge the order releasing him under Section 4 of the act; however he has confined his arguments only the point of amount of Rs. 10,000/- directed to paid by the petitioner under Section 5 of the Act as prosecution expenses and submits that the sum of Rs. 10,000/- is disproportionately high and the petitioner, being a poor person, cannot afford to pay such a huge amount as prosecution expenses. 5. Consequently, this revision petition is partly allowed. Keeping in view the peculiar facts and circumstances of the case, in my view, the direction of Rs. 10,000/- as prosecution expenses under Section 5 of the Act appears to be an excessive amount.
5. Consequently, this revision petition is partly allowed. Keeping in view the peculiar facts and circumstances of the case, in my view, the direction of Rs. 10,000/- as prosecution expenses under Section 5 of the Act appears to be an excessive amount. However, keeping all the facts and circumstances, the ends of justice would be met if the petitioner is directed to deposit a-sum of Rs. 1000/- as prosecution expenses before the trial court (learned Additional Civil Judge (J.D.) & Judicial Magistrate No. 23, Jaipur City, Jaipur) within a period of.one month from today.Revision Partly Allowed. *******