412 1 0 0 t Cr Rev 2894 of 2010 106M1 Ill t5 IN THE HIGH COURT OF PUNJAB6 HARYANA CHANDIGARH Crl Rev No894 of 2010 O6Ml Date of Decisionl 84ay 2011 16 e Atma Nand Petitioner eaeeaeeasaaeaeeseeeaeaaseaeeeeeesaeeaaeaeeseseeeaeeoe Versus State of Haryana Respondent aoeeeeeeeaaeeseeeeeaeeaeeeeseaaeeaeaaeaa r 0 0 Corarnl Honble Ms JusticeRitu Bahri X 0 I To be referred to the Reportersor not7 Z 2 Whether the judgmentshould be reportedin the Digest7 Presentl Mr SPChahar Advocate for the petitioner I Mr KshitoSharma AAG Haryana Z ClO RITU BAHRI JOrall W3 Z Challengein this petitionis to the judgmentdated 2782010 passedby the Iearned AppellateCourt vide which the appeal has been dismissed against judgmentdated 102006 The petitionerhas been convicted under Section 409 IPC and is sentenced to undergorigorous imprisonment for three years and to pay a fine of 50001 and in default of paymentof fine to further undergosimpleimprisonmentfor three months t1 Parkash Om 2013.05.17 12: 07 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 413 r L 0 Crllev No894 of 2010 O6Ml 12j t4 The petitionerwas employedas RegionalAssistant irl the Haryana Forest DepartmentCorporationand was Inchargeof Sales Depot GangesarGohanal The petitioner IS allegedto have the wood of Sale Depot Gangesar It is allegedthat he has misappropriated85 cubic meters round eucalyptustimber 81 cubic meters round 1 eucalyptustimber and 800 cubic meters eucalyptuspulp wood by forgingthe record The market priceof the sameiS 0 0 rnore than 5 Iacs X C5 Counsel for the petitionerhas arguedthat no I sanction for prosecutionof the petitionerwas taken in terms Z of Section 197 CrPC Petitioner is a ClasseIll employeeand C he could not be removed from office save by or with the I sanction of Government who is accused of any offence Z allegedto have been committed by him while acting or m purportingto actin the dischargeof his official duties ew AdmittedlYno sanction has been given It has not Z CL been shown that failure of justicehas been occasioned by taking cognizanceof the case by the Court without the previous sanction of the Government No ground for interference in the impugnedorder is made out Criminal revision is dismissed Counsel for the petitionerhas soughtthat a Ienient View be taken for the quantumof sentence The petitioner has rendered 30 years of service and is not a previous Parkash Om 2013.05.17 12: 07 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document 414 U 0 C Rev No 2894 of 2010 06Ml 13j 4 convict Ivl KshitijSharma counsel for the State has placedon record the CustodyCertificate wh ich shows that the petioner has undergonemore than 9 months till date in custodyHe has i nformed the Court that as per instructions dated 186005 from the RegionalManager HaryanaForest 1 DevelopmentCorporationLtd Rohtak the petitionerhas r since been dismissed from service Total recoveries due 0 0 from the petitionercomes to 10407681 These recoveries X 0 relate to six complaintsagainstthe petitionerVide Ietter I dated 272005 the Collector Bhiwani has intimated to the Z HaryanaForest DevelopmentCorporationthat it is not 2 r possibleto effect the recovery from the defaultingofficials I The petitionerhas been faci ng the trial since the Z year 1996 and keeping in view that he has undergone9 m months of actual sentence It is directed that he be released 7 on probationfor a periodof two years to the satisfaction of Z Il Chief JudicialMagistrateSonepat pv4 1 06 52011 RITU BAHRI I 1 Rupi JUDGE rr 09 4 4 C r 1 Parkash Om 2013.05.17 12: 07 True Scanned Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:21 I attest to the accuracy and integrity of this document