1. Kalu Ram the accused petitioner was convicted by Shri Parma Nand Gupta, Magistrate Ist Class, Delhi, on 21-12-1965 under S.380, Indian Penal Code , for having committed theft at the premises of the Irwin Hospital, New Delhi, by removing coins dishonestly from the public telephone call booth and sentenced to rigorous imprisonment for one year. On appeal this conviction was upheld by the learned Additional Sessions Judge but the sentence reduced to rigorous imprisonment for three months. On revision in this Court, a learned Single Judge while admitting the revision, ordered release of the petitioner on bail to the satisfaction of the District Magistrate. I am informed by counsel at the bar that the petitioner has undergone rigorous imprisonment for one month.

2. The facts relating to the present case are that on 3-6-1965, the petitioner was seen at about noon time removing coins with the help