RANJHA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner was working as Secretary-cum-Salesman of the Malookpura Co-operative Agriculture and Service Society. He was convicted under section 408, Indian Penal Code, by the learned trial court for having embezzled the amounts of Rs. 12,195/- Rs. 1551/- and 1300/- which he had received from three debtors of the said Society and failed to deposit the same in the Bank. He was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/-. Imprisonment in default of payment of fine was also awarded. Feeling aggrieved against his conviction and sentence he filed an appeal which was heard by Additional Sessions Judge, Ferozepur. He did not find any merit in the appeal and dismissed the same. The petitioner has now filed this revision petition which was admitted qua sentence only.

(2.) THIS learned counsel for the petitioner argued that the petitioner is a first offender and that he was aged only 24 years at the time of his conviction and the offence is said to have been committed between 5th February, 1980 and 4th January, 1981, and therefore, in such circumstances he may be granted probation under section 360, Criminal procedure Code. In support of his contention he has relied upon Harjinder Singh v. The State of Punjab 1980 P.L.R. 435. It relates to an accused who was employed by a Co-operative Society and had been convicted under-section 408, Indian Penal Code, for having embezzled some amount of the Society. The accused was aged 19 years at the time of the commission of the offence. The learned Judge suspended the sentence of the accused and granted him probation under section 360 Criminal Procedure Code and also ordered him to pay compensation amount to the Co-operative Society to cover up the loss suffered by it. I do not find any ground to deal with the present accused in a different manner and not to give him the benefit of section 360, Criminal Procedure Code. Hence taking into consideration the submission of the learned counsel for the petitioner and the ratio of Harjinder Singh's case (supra), it is ordered that the sentence of the petitioner is suspended and he is directed to be released on probation for a period of two years subject to his entering into a bond in the sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court with a direction that he should keep peace and be of good behaviour and appear and receive sentence imposed upon him when called upon to do so by the trial court during the aforesaid period for which the sentence has been suspended. He is also directed to pay Rs. 15,000/- as compensation to the above Co-operative Society. The said sum be paid on or before 30th September, 1986. The bonds be filed within two months from today. Fine if paid, be refunded to the petitioner.