RAJESHWARI PRASAD Vs. RAM BABU GUPTA

JUDGEMENT

(1.) Ram Babu Gupta, opposite party, was convicted by the magistrate under Section 406 of the I. P. C., and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/-, or, in default, to undergo rigorous imprisonment for a further period of three months. On the relevant date the opposite party was the Joint Secretary of the Patna City Hosiery Industrial Co-operative Society. The allegation against him was that while employed in the Society as Joint Secretary, he defalcated a sum of Rs. 3,300/-. On appeal the learned Addl. Sessions Judge acting under Section 4 of the Probation of Offenders Act, 1958, directed that the opposite party be released on probation subject to his executing a bond for being of good behabiour and to keep the peace for a period of three years and to revive the sentence when called upon during the said period. He further directed that during this period he would be under the supervision of Shree Rajendra Prasad, Probation Officer, Patna, and would execute a bond of Rs. 1000/- with two sureties of like amount and further that he would not be permitted to leave Patna and would work in the cooperative regularly as recommended, if permitted by the Society to do so. He further ordered that on the bond being executed, he would not have to undergo the sentence of imprisonment and also to pay the fine imposed upon him.

(2.) Against that order the complainant has filed the present application in revision.

(3.) Learned counsel for the petitioner contended that it was not a fit case for release of the opposite party on probation of good conduct because it was not established beyond doubt that he was under twentyone years of age. In this connection he referred to the provision of Section 6 of the Probation of Offenders Act, 1958, which is in the following terms: