STATE OF PUNJAB Vs. BALDEV KRISHAN

JUDGEMENT

(1.) THIS petition by the State of Punjab for revision of the order dated the 13th of October, 1971, of the learned Session Judge, Gurdaspur, has arisen thus. The respondent was convicted of an offence under section 409 of the Indian Penal Code for committing breach of trust on the 12th of February, 1969, in respect of a sum of Rs. 400/ - which was entrusted to him in his capacity as Branch Post Master at village Bharyal, and was sentenced by the trial Magistrate to simple imprisonment till the rising of the Court and a fine of Rs. 200/ -, the sentence in default of payment of fine being rigorous imprisonment for two months. The trial Magistrate showed leniency to the respondent in the matter of sentence because the latter had paid the amount with interest to the Inspector of Post offices when a demand in that connection was made on the 23rd of April, 1969. The respondent went up in appeal to the learned sessions Judge who, by the impugned order, maintained the conviction but set aside the sentence, giving the respondent the benefit of the provisions of section 4 of the Probation of Offenders Act, 1958 (hereinafter referred to as the Act), and directing him to be released on his entering into a bond in the sum of Rs. 1,000/ -, with one surety in the like amount undertaking to keep the peace and be of good behaviour for a period of one year.

(2.) THE only contention raised by the learned counsel for the State Is that section 4 of the Act is in applicable to the facts of the case, and I fully agree with him. The relevant portion of that section is reproduced here for facility of reference : - -

(3.) IN the result I accept the petition, set aside the order of the learned Sessions Judge and substitute therefor that of the trial Court with the modification that the sentence awarded to the respondent shall be only the imprisonment already undergone by him.