K.T.THOMAS, J.

(1) LEAVE granted.

(2) THESE are cases where the appellant was convicted under Section 408 of the Indian Penal Code and his sentence has been reduced to rigorous imprisonment for one month. He was Secretary of a cooperative society. During audit report some irregularities had been detected on the basis of which he was prosecuted. The irregularities happened in the year 1981-82. The 3 instances for which the present cases have been registered and charge- sheeted pertain to small amounts like Rs.1812 and below. Learned counsel for the appellant submitted that as soon as the irregularities had been pointed out the appellant had replenished the entire amount together with interest which means the Society had not been put to a loss.

(3) IN view of the aforesaid circumstances and also the fact that it happened in the year 1981-82 we are of the view that the benevolent provisions of the Probation of Offenders Act can be extended to this appellant. We, therefore, order that the appellant instead of undergoing the sentence be released on his executing a bond before the trial court for keeping peace and be of good behaviour for a period of 3