IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.245 of 2005 Date of Decision 25.02.2010 Ram Kumar ...... Petitioner(s) VERSUS State of Haryana ...... Respondent(s) CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.Rahul Vats, Advocate, for the petitioner. Mr.Rajiv Malhotra, Addl. Advocate General, Haryana, for the respondent-State. ***** A.N.JINDAL, J(ORAL): The petitioner has assailed the judgment dated 21.01.2005 passed by Additional Sessions Judge, Karnal, dismissing his appeal against the judgment dated 17.01.2003 passed by Judicial Magistrate Ist Class, Karnal, convicting and sentencing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.200/- under Section 408 IPC. However, in appeal, the sentence was reduced to one year. The allegations against the petitioner are that he had committed embezzlement of Rs.2295/- by making wrongful total in the day book, Rs.4600/- by wrongly showing that the same were advanced to Ranbir Singh, clerk and had misused further sum of Rs.3884/-. Accordingly he was charge-sheeted and tried. Ultimately, he was convicted and sentenced. His appeal was also failed. Without assailing the judgment of conviction, counsel for the petitioner has urged for extending some leniency on the quantum of sentence. Criminal Revision No.245 of 2005 -2- On scrutiny of the records, it transpires that the occurrence took place way back in the year 1993. The petitioner has already suffered a lot of agony on account of the protracted trial for the last 17 years. He has already undergone some period of the substantive sentence and has deposited the embezzled amount. Admittedly, he is first offender and there is no evidence if he repeated the offence while on bail. Under these peculiar circumstances of the case, it would be in the fitness of things to extend some leniency on the quantum of sentence. Resultantly, this petition is dismissed with the modification in the sentence that he is ordered to be released on probation on furnishing personal bond to the tune of Rs.10,000/- with one surety in the like amount to keep peace and be of good behaviour for a period of one year, failing to comply with the terms of bond, he would be ready to serve remaining part of sentence. The fine awarded against him is converted into cost of litigation. Copy of the order be sent to the Chief Judicial Magistrate, Karnal, for compliance. (A.N.Jindal) Judge 25.02.2010 mamta-II