( 1 ) THIS Revision Application raises certain interesting ques- tions regarding the interpretation of sub-secs. (2) and (4) of sec. 11 of the Probation of Offenders Act 1958 hereinafter called the Act.

( 2 ) THE relevant facts briefly stated run as under : According to the prosecution there is a Swaminarayan Temple situate in village Vadtal which is administered by a registered public trust under a Scheme formulated by this Court. Under the Scheme the Acharya Maharaj is appointed the Custodian-Trustee and the complainant Purani Shantipriyadasjee the Chief Executive Authority (Chief Kothari) of the temple. Every year Nam-Dharmada money is collected from the followers of the Swaminarayan sect for which Letters of Authority (Agnya Patra-Mohor Chhap) are issued to different Tyagis. Accordingly the respondent was issued one such Aguya Patra Exhibit 22 dated 23/ 24/11/1977 for the period from Kartak Sudi 14th of Samvat Year 2034 to Chaitra Sudi 15th of Samvat Year 2034 whereby he was authorized to collect Nam-Dharmada from the followers of the Swaminarayan sect residing in Bombay Pune Nasik Kalyan and Madras. The respondent was under the terms of the said Agnya-Patra giv