PARMESHWARI DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARTIES ' counsel agree that this petition can be disposed of at the notice of motion stage. Heard. The conviction of the petitioner under Section 408, Indian Penal Code, was conceded before the appellate Court and stress was only made with regard to the sentence due to the intervening circumstance that the petitioner had made good the entire loss and had adequately compensated the Punjabi Khadi Gram Udyog Sangh, the complainant. The Secretary of the said Sangh conveyed this to the lower Appellate Court supportive of the prayer of the petitioner and the sentence was adequately reduced. The learned counsel for the petitioner contends that it is a fit case in which the petitioner be granted the benefit of probation, more so when he is now 52 years of age and has the onerous responsibility of maintaining a family of wife and children and he has been in Courts in defending the case for nearly decade. Having regard to the reimbursement as also the time spent inlitigation, the learned counsel for the state candidly concedes that in this case the petitioner should be given the benefit of probation. It seems to me that the suggestion made by the learned counsel for the parties would promote the interest of justice and would have the effect of reclaiming a citizen back to usefulness in the society.

(2.) IN lieu of the sentence, the petitioner is directed to execute a bond in the terms of Section 4 of the Probation of the Offenders Act for a sum of Rs. 3,000/ - with two sureties of the like amount for a period of one year, undertaking to come and receive sentence when called upon to do so by the trial Court and in the meantime to keep the peace and be of good behaviour. The petitioner be released on execution of the bond. The petition is disposed of accordingly. Petition disposed accordingly.