- (1.) Special leave granted. Heard learned counsel for the parties.
(2.) In the peculiar circumstances of this case and in view of the fact thatthe appellant is a man of 85 years of age and be had already been in jail for a few months, he deserves to be considered under S. 4 of the probation of Offenders Act. under these circumstances we direct that as he is on bail, he shall not be sent to jail on his froishing a bond of good behaviour to the satisfaction of Chief Judicial Magistrate, Kashipur, nainital.
(3.) The appeal is disposed of accordingly.;