SHYAM LAL VERMA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Leave granted. The appellant is a retired employee of Post Office. The incident occurred in 1993 -94. The allegation against him is that he misappropriated to the extent of Rs.1,35,240/ - (Rupees one lakh thirty five thousand and two hundred forty). The employees of various departments deposited their amount, but the appellant did not remit the amount and failed to make entry in the ledger. He was charged under Section 477 -A IPC read with Section 3(1)(c) and 13(2) of the Prevention of Corruption Act 1988.

(2.) After fullfleged trial, the Trial Court convicted him under the above mentioned Sections. However, instead of awarding sentence, the Trial Court released the appellant under the Probation of Offenders Act,1958 on executing a personal bond in the sum of Rs.50,000/ - and furnishing two sureties each of the like amount for a period of one year. He was also directed to maintain peace and good behaviour during this period.

(3.) Questioning the order of the High Court sentencing him, as stated above, the accused preferred the present appeal by way of special leave. Heard learned senior counsel appearing on behalf of the appellant and learned counsel appearing on behalf of the respondent - CBI.