Crl.R.No. 364 of 2005 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision. No.364 of 2005 Date of decision:6.01.2009 Gurmail Singh ........Petitioner Versus State of Punjab .......Respondent BEFORE: Hon'ble Mrs. Justice Sabina Present: Sh. H.S.Gill, Sr. Advocate with Sh. Vivek Goyal, Advocate for the petitioner. Sh. Amandeep Singh Rai, AAG Punjab Sabina, J. Petitioner Gurmail Singh was convicted under Section 408 IPC and was sentenced to undergo rigorous imprisonment for a period of three years and a fine of Rs. 3,000/- by Judicial Magistrate Ist Class, Faridkot vide judgment and order dated 29th April, 2004. Appeal filed by the petitioner against the said judgment and order was dismissed by the Additional Sessions Judge, Faridkot vide judgment dated 28th January, 2005. Hence, the present Revision Petition. Learned counsel for the petitioner during the course of arguments has not challenged the conviction part of the judgment and has only challenged the sentence part thereof. Learned counsel for the petitioner has submitted that as per the prosecution case petitioner has embezelled Rs. 375/-. It was a case of temporary embezzlement as the amount had been later deposited by the petitioner. The said fact was duly noticed by the Trial Court in para 21 of its Crl.R.No. 364 of 2005 2 judgment. Petitioner was not a previous convict. He was facing the criminal proceedings for the last many years. The incident of embezzlement related to the year 1979-80 where as the FIR was registered in the year 1993. After the registration of the First Information Report, the petitioner was facing the criminal prceedings for the last 15 years. It is a case of temporary embezzlement. The petitioner is facing the criminal proceedings for the last 15 years. The incident of embezzlement relates to the year 1979-1980. Petitioner is not a previous convict. Having regard to all the circumstances enumerated above, it is a fit case in which the petitioner be released on probation. Let the petitioner be released on probation subject to his executing a bond in the sum of Rs. 10,000/- with one surety in the like amount for two years to the satisfaction of the trial court, undertaking to appear before the Court if and when called upon to do so, to receive sentence of imprisonment and in the mean time keep the peace and be of good behaviour. Revision petition is disposed of accordingly. [SABINA] JUDGE 6th January, 2009 SKaushik