JUDGMENT 1. - Heard learned counsel for the parties and perused the record of the case. 2. This appeal is directed against the judgment dated 20th November, 1919, passed by Shri A.S. Godara, Special Judge, for C.B.I. Cases, Rajasthan. Jaipur in Special Cr. Case No. 6/76, convicting and sentencing the accused under Section 420 Indian Penal Code for one year's R.I. and a fine of Rs. 250/- and in default of payment of fine further R.I., for 3 months and further sentenced the accused appellant under section 5 (21 read with S (1) (d) of prevention of Corruption Act, for one year's R.I. and a fine of Rs. 250/- and in default further S.I. for 3 months. Both the sentences were directed to run concurrently. 3. The brief facts leading to this case are that Shri Athwal, was working as Civilian Asstt. Store Keeper, Amunition Depot, Rharatpur, during the year 1973, entered into a criminal conspiracy with Shri Bhagwan Das Sharma, Brij Kishore Gupta and Arun Kumar to cheat the Amunition Depot, of Govt. of India. In furtherance to the said conspiracy Shri Athwal, obtained faked cash memos No. 469 dated 22.1.73 for Rs. 47.00, No. 557 dated 27.1.73, for Rs. 18.00 n. p. No. 3423 dated 22.7.73, for Rs. 31.00 No. 3664 dated 27.7.73 for Rs. 11.50, No. 342 1 dated 23.7 73 for Rs. 16.30 No. 3108 dated 18.7.73 for Rs. 26.80, No. 4321 dated 7 X.73 for Rs. 33.44. No. 4613 dated 12.8.73 for Rs. 11.60 No. 4448 dated 9.8.73 for Rs. 11.50, No. 4149 dated 4.8.73 for Rs. 31.00, No 3265 dated 20.7.73 for Rs. 25.90. No. 3606 dated 25.7.73 for Rs. 24.10, No. 4517 dated 11.8.73 for Rs. 15.45 and No. 4256 dated 6 8.73 for Rs. 42.00. from M/s. Madhu Medical Stores, Bharatpur. The said cash memos were prepared by Shri Arun Kumar, in the names of the family members of Shri O. P. Athwal, without any sale of medicines, at the instance of Shri Brij Kishore Gupta and Bhagwan Das Sharma Shri Athwal, also obtained prescription slips and essentiality certificates from the doctor concerned. On the basis of the said prescription slips, essentiality certificates and the faked cash memos Shri Athwal, submitted and got reimbursed the medical bills totalling to Rs. 402.20 n.p. for the alleged treatment of his wife Smt. Krishna Athwal, son Shri R.S. Athwal and daughter Simmi Athwal. On the basis of the said prescription slips, essentiality certificates and the faked cash memos Shri Athwal, submitted and got reimbursed the medical bills totalling to Rs. 402.20 n.p. for the alleged treatment of his wife Smt. Krishna Athwal, son Shri R.S. Athwal and daughter Simmi Athwal. Whereas his family members were not residing with him at Bharatpur on the said dates. 4. I have heard the rival contentions made by the learned counsel for the parties. I do not find any force in the submissions made by the learned counsel for the appellant. The conviction of the accused is maintained. The learned Judge, has found that the accused has cheated the depot, to the extent of Rs. 402.20 n. p. as the matter relates to the year 1973 and about 15 years have passed, and the accused has also lost the depot. Therefore, I do not consider it proper to send the accused back to undergo the remaining part of the sentence. Therefore, in the facts and circumstances of the case. I extend the benefit of S 4. of the Probation of Offenders Act, to the accused read with Section 360 of the Cr. P.C. 5. In the result, the appeal is partly accepted. The conviction of the accused is maintained. Instead of sentencing the accused at once I am of the view that be should be released on probation, provided he furnishes personal bond in the sum of Rs. 5,000/- with one surety in the like amount for a period of two years. In the mean time he will keep peace and be of good behaviour. The accused shall furnish his bonds within a period of two months. The appeal is therefore, disposed of accordingly.Appeal partly allowed. *******