JUDGMENT : C.K. Buch, J. After some deliberation, Mr. R.J. Goswami, learned Advocate for the applicant - revisionist (org. accused) prays for withdrawal of the present application. 2. While disposing of the present application as withdrawn, the Court finds it relevant to observe that the applicant-accused at present is undergoing imprisonment for the offence punishable under Section 406 of the Indian Penal Code. The offence is, otherwise, compoundable by paying the amount of misappropriation or satisfying the victim, with the permission of Court. In the present case the amount involved is Rs. 28,988/-. The applicant perhaps could have compounded the offence by paying the amount misappropriated with interest and other costs to the victim i.e. the Co-operative Society-respondent No.2 herein. 3. According to Mr. Goswami, learned Advocate for the org. accused, the respondent No.2-the Ahmedpura Duddh Udpadak Sahakari Mandali Ltd., has passed a resolution that the Society is not interested keeping the applicant in prison any more, as the society has received Rs. 40,000/- (org. amount with interest). Mr. Goswami, has further submitted that the applicant has surrendered before the Jail Authority on 24/12/2007 to serve the sentence and by now he has already undergone about three to four months of imprisonment. 4. When the offence is otherwise compoundable with permission, the petitioner at the most can be asked to approach the State Government to exercise the powers under Section 433 of the Code of Criminal Procedure, so that the State Government may commute the period of punishment to the period undergone. In such or similar cases when sovereign powers of State needs to be exercised, the Government normally should exercise the discretion, if the case is not of a hardcore criminal or chronic wrong doer. 5. In the present case though some sound and good reasons are found in the application, the Court has asked the applicant to withdraw the application, because the same is not found technically sustainable in the eye of law. 6. So, considering the totality of facts and circumstances of the case, the applicant is permitted to withdraw the present application. The application is disposed of as withdrawn with the above observations. The applicant can produce a copy of the present order alongwith the application, which may be made to the State Government requesting to pardon him to or to commute the sentence. Application Withdrawn.