Judgment

Pattanaik, J.—The respondent was a Stenographer of a learned Judge of Allahabad High Court. He stood the trial for having committed offences under Sections 417, 420, 466, 467 and 468 of the Indian Penal Code on the allegation that he fabricated a forged bail order for one accused Khelawan. The accused however denied the allegations in the trial. On the basis of the evidence adduced by the prosecution, the learned Chief Judicial Magistrate convicted him of all the charges and passed different sentences thereunder. On an appeal being carried, the Additional Sessions Judge, Allahabad in Criminal Appeal No. 65 of 1985 acquitted the accused of the offence under Sections 417, 420 and 467 IPC but maintained his conviction under Sections 466 and 468 and sentenced him to rigorous imprisonment for two years and a fine of Rs. 500/- for each of the offences under Sections 466 and 468 IPC and in default, to serve out rigorous imprisonment for three months more, with the further direction that the sentences will run concurrently. But instead of sending the accused to Jail, he was given the benefit of Section 4 of Probation of First Offenders Act, 1958 and it was ordered that he will fil