An accused who has been convicted of a crime may be released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958, if the court is satisfied that the accused is not likely to commit any further offence and that the release of the accused on probation will not be harmful to the society.

JUDGMENT

M.L. Singhal, J. - Vide order dated 28.11.1997 Pirthi Pal Singh, accused- petitioner was convicted by Judicial Magistrate, 1st Class, Mansa in case FIR No. 52 dated 23.6.1990 registered at Police Station Sadar, Mansa under Sections 408 of the Indian Penal Code. He was further convicted under Section 468 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for a period of 1-1/2 years and to pay fine of Rs. 1500/- or in default to under go further rigorous imprisonment for three months, under Section 408 of the Indian Penal Code. He was further sentenced to undergo rigorous imprisonment for 1-1/2 years and to pay fine of Rs. 1500/- or in default of payment of fine to undergo further rigorous imprisonment for three months. Substantive sentence were ordered to run concurrently.

2. In appeal learned Additional Sessions Judge, Mansa vide order dated 30.5.1998 maintained the conviction and sentence passed by the learned Magistrate.

3. Having felt that he has been unjustifiably convicted and sentenced by the two courts below, Pirthi Pal Singh has come in revision to this Court.

4. At the motion stage, H.S. Bedi, J. ordered notice of motion to the State of Punjab only in re: sentence.

5. Prosecution case in brief is that Prithi Pal Singh was salesman in the Khiala Kalan Cooperative Agricultural Service Society Ltd., Khiala Kalan. In his capacity as salesman he mis-appropriated an amount totalling Rs. 60,160/-. He had realised various amounts from the members of the society namely, Jora Singh, Sohan Singh, Sukhdev Singh, Chuhar Singh, Nand Singh, Surjan Singh etc. He did not deposit the amount realised from them in the account of Cooperative Society. He was also entrusted with the charge of the stock of fertilizers lying with the charge of the stock of fertilizers lying with the society during the period 4.9.1989 to 4.10.1989 as during this period one Ajaib Singh who was holding the charge of said stock as Secretary of the Society had proceeded on one months training course at Chandigarh and in his absence, the Khiala Kalan Cooperative Society Ltd., passed a resolution dated 1.9.1989 ordering Sh. Ajaib Singh Secretary of Society to hand over the charge of fertilizers stock to Pirthi Pal Singh. It was further provided in the resolution that Pirthi Pal Singh shall keep the charge of fertilizer stock with him till he remained on training at Chandigarh. After Ajaib Singhs return from the training, he verified the stock and it came to his notice that Pirthi Pal Singh had misappropriated 15 bags of urea of the value of Rs. 1695/- and 83 bags of DAP (fertilizer) of the value of Rs. 14,940/-. He, thus, mis-appropriated a sum of Rs. 16,635/- appertaining to the fertilizer stock. Total mis-appropriation committed by him according to the prosecution was of Rs. 60,160/-. Case FIR No. 52 dated 23.6.1990 was got registered by the Assistant Registrar, Cooperative Societies, Mansa vide letter No. 2587 addressed to Senior Superintendent of Police. After investigation, Prithi Pal Singh was challaned.

6. Accused was charged under Sections 408/468 of the Indian Penal Code by the Judicial Magistrate 1st Class, Mansa. Accused pleaded not guilty to the charge and claimed trial.

7. On the conclusion of the trial, Judicial Magistrate 1st Class, Mansa found the charge under Section 468 of the Indian Penal Code proved against the accused. He accordingly convicted him thereunder and sentenced him as indicated above. In appeal learned Additional Sessions Judge maintained the conviction and sentence recorded by the learned Judicial Magistrate.

8. In my opinion, the learned Courts below justifiably found the charge proved against the accused. Jora Singh PW-1 stated that he paid Rs. 4035/- to the accused and got receipt Ex.PA. Accused made corresponding entry in his pass book Ex.PB/1. Sukhdev Singh son of Jit Singh PW-2 stated that he gave Rs. 10,000/- to the accused and got receipt Ex.PC from him. Accused made corresponding entry in his