DWARKA DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DWARKA Dass was named as an accused in case FIR No. 361 dated 24.12.1984 registered at Police Station Sadar, Gurdaspur under Section 408 IPC.

(2.) THE case of the prosecution is that the petitioner had embezzled an amount of Rs. 2411.25 in his capacity as Secretary of Co-operative Agriculture Service Society of Village Tung. It is stated that it came to the notice of Vigilance Department that in the year 1981, accused Dwarka Dass and Kartar Singh were working as Secretary and Salesman of Co-operative Agriculture Service Society of Village Tung and it is stated that the interest which accrued to the loanees was retained by the petitioner and was not deposited in the Bank.

(3.) AGGRIEVED against the same, the petitioner has filed an appeal and the same was dismissed by the Court of Additional Sessions Judge, Gurdaspur. It has been contended by Ms. G.K. Mann that the petitioner was taken into custody on 15.03.1996 and was ordered to be released on bail on 31.05.1996. Thus, as per the counsel, the petitioner has undergone about two months and 16 days of his actual sentence. The order of admission of revision petition on 31.05.1996 reveals that the petitioner had deposited the entire amount of embezzlement along with interes amounting to Rs 5204/-. Since in the present case occurrence pertains to the year 1981 and the FIR was lodged in the year 1984, period of 26 years is going to lapse, no useful purpose would be served if the petitioner is sent behind the bars. In the Trial Court judgment age petitioner is recorded as 42 years.