The court applied the Probation of Offenders Act to release the appellant on probation considering his age and physical condition.

M.M.Aggarwal, J.

1. This is an appeal against judgment dated 25.11.1994 of Sessions Judge Kurukshetra whereby Jagdish alias Raju had been convicted for offenced under Section 404 IPC and was sentenced to 4 years RI and fine of Rs. 1,000/- in default, RI for 3 months.

2. Facts of the case are that present appellant and one Rajiv Rattan had, in fact, faced trial for offence under Section 302/34 and 404 IPC for the death of a lady namely Laxmi Rattan who died on 23.9.1992. However, they were acquitted for offence under Section 302/34 IPC. Rajiv Rattan was acquitted for offence under Section 404 IPC also, but some articles belonging to deceased lady had been recovered from the present accused-appellant and, therefore, present accused-appellant had been convicted for offence under Section 404 IPC.

3. Counsel for the appellant did not address arguments on merits but had prayed that a lenient view be taken.

4. The appellant had appeared in person, in Court. He appears to be handicapped. As per the age recorded in the trial Court judgment, appellant was 21 years of age. He is stated to have already undergone imprisonment for about 3 months. He being 21 years of age and convicted for offence under Section 404 IPC, could be released on probation for good conduct.

5. Taking into account the facts and circumstances of the case that conviction in this case had been recorded as far back on 25.11.1994, I do not find it a fit case to send the appellant to Jail at this stage.

6. Under these circumstances, it is directed, that appellant shall be released on probation for a period of two years under Section 4(1) of the Probation of Offenders Act on his furnishing personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate Kurukshetra. The bonds shall be furnished within three months from today. During the period of probation, he would keep peace and be of good behavior.