Cr.A. No. 232 of 2003. 14.7.2010 Present: Appellant with Mr. M.S. Guleria, Advocate. Mr. J.S. Rana, Asstt. A.G., for the respondent. Report of the Probation Officer has been perused. The Probation Officer has not reported anything adverse except that only a case under Sections 451 and 323, read with Section 34 of the Indian Penal Code is pending against the appellant, in Police Station Sadar, Mandi. 2. Statement of the appellant has been recorded and he has been heard on the point of sentence. The appellant stated that his father died when he was minor aged about 5 years. His mother is alive and presently her age is about 78 years. He is residing with his family consisting of is wife and three minor children. The eldest son is studying in Plus One and other children are also school going. His three sisters are already married and settled in their respective matrimonial homes. He also stated that a criminal case was instituted on wrong facts against him in Police Station Sadar, Mandi, which is pending trial, wherein witnesses have been examined, but so far nothing adverse has been found against him. 3. I have considered the report of the Probation Officer and also the statement made by the appellant in the court today. 4. The appellant is a young man and main base of his family. Putting him in prison shall cause extreme miseries on the other family members. He appears to be repentant soul, therefore, in the totality of the circumstances and also seeing extenuating and mitigating circumstances, I think his release on probation will transmute on look and personality to become a good and responsible citizen. Therefore, the appellant is ordered to be released on probation by giving him the benefit of Section 4 of the Probation of Offenders Act. 5. Thus the appellant is directed to maintain peace and be of good behaviour for a period of two years from today and he shall not indulge in any criminal activities, which is detrimental to the society. Now let the bond in terms of Section 4 of the Act for the period aforesaid be executed by him in the sum of Rs.25,000/- with a surety of the like amount, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gohar, District Mandi, within a period of one month from the date of receipt of the copy of this order. In addition to it, the appellant is ordered to deposit, compensation to the tune of Rs.14,000/- within the aforesaid period, in the learned trial Court, which shall be paid to the victim PW3 Ramesh Kumar including the amount of Rs.6,000/- which stands already deposited as fine in the learned trial Court, same shall be included and converted as compensation amount. On depositing the aforesaid amount the learned trial Court shall reimburse the total amount of compensation i.e. Rs.20,000/- to victim Ramesh Kumar aforesaid against proper receipt and identification. However, it is made clear that in case the appellant shall make breach of any of the conditions aforesaid and also the bond, he shall be called upon to receive the sentence. The matter stands disposed of. Copy dasti on usual terms. July 14, 2010 (Surinder Singh) (Pds) Judge