IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.476 of 1999 Decided on: 24th July, 2010 State of H.P …..Appellant. VERSUS Hans Raj …..Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr.Justice Sanjay Karol, Judge. Whether approved for reporting? No For the Appellant: M/s.Rajesh Mandhotra and Vikas Rathour, Deputy Advocate Generals. For the Respondent: Shri Varun Chandel, Advocate vice Mr.Rajiv Jiwan, Advocate. Deepak Gupta,Judge (Oral) This appeal by the State has been filed for enhancement of the sentence imposed upon the accused. The accused who was working in Extra Departmental Branch Postmaster was charged with having embezzled an amount of Rs.6664/- from the accounts of Smt.Krishani Devi, Barfi Devi, Drompti …2… Devi, Shankri Devi etc. It appears that during the course of trial, the accused repaid the amount to the persons from whose accounts the same had been embezzled and he was also removed from the service. The accused was found guilty of having committed an offence punishable Section 409, IPC. He was sentenced to undergo imprisonment till the rising of the Court and to pay a fine of Rs.2000/-. In default of payment of fine, he was directed to undergo simple imprisonment for two months. The learned Trial Court took a lenient view on the ground that the trial had gone for four years and the accused who was a first offender had returned the amount to the depositors. Hence the present appeal by the State. 2. The sentence imposed upon the accused is definitely on the lower side. We may have in a normal course enhanced the sentence but we are not oblivious to the fact that the offence, in question, was committed during the year 1992-1993, i.e., more than 17 yeas back and this appeal has come up for hearing before us after 11 years and, therefore, at this …3… belated stage, it would not be in the interest of justice to enhance this sentence imposed upon the accused. 3. In view of the above discussion, we find no merit in the appeal which is accordingly rejected. Bail bonds, if any furnished, by the accused are ordered to be discharged. ( Deepak Gupta ) Judge. 24th July, 2010 (Sanjay Karol) (m) Judge