SABIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner. Petitioners' counsel does not challenge the conviction of the accused-petitioner under section 406 I.P.C. That apart, there is material on record and there is no apparent illegality in the conviction of the petitioner under section 406 I. P. C. by the learned Magistrate and as confirmed by the learned Lower Appellate Court.

(2.) The only ground urged by the learned Advocate for the petitioner is that looking to the fact that the case is pending from last 7 years, the parties have also arrived at a compromise which could not be recorded as the offence is not compound-able in the ends of justice shall be met if the accused is sentenced to imprisonment already under gone.

(3.) The case relates to the Criminal Breach of Trust of 10 cycles. I am of the opinion that the sentence awarded to the accused petitioner appears to be excessive.