(1) SPECIAL leave granted. Heard leamed counsel forthe parties. (2) INTHE peculiar circumstances of this case and in view ofthe fact thatthe appellant is a man of 85 years of ge and be had aiready been in jail for a few months, he deserves to be considered under S. 4 ofthe Probation of Offenders Act. under thse circumstances we direct that as he is on bail, he shall not be sent to jail on his froishing a bond of good behaviour tothe satisfaction of Chief Judicial Magistrale, Kashipur, Nainital. (3) THE appeal is disposed of accordingly.