JUDGMENT Mr. Rakesh Kumar Garg, J.: (Oral) - Petitioner was convicted under section 420/120-B IPC in a case in FIR No.201 of 1.10.1998, Police Station Civil Lines, Amritsar, and sentenced to undergo rigorous imprisonment for three years and fine of Rs.5000/- by chief Judicial Magistrate, Amritsar. However, on appeal the conviction was maintained but sentence was reduced to two years. 2. This Court issued notice on the question of quantum of sentence. 3. With the permission of the Court an application, which is supported by an affidavit of Ms. Monica Mehra daughter of petitioner Shanti Kumar resident of Batala, has been filed. The averments made in this application reads thus:- “That in the main revision petition as well as in the application for suspension of sentence filed before this Hon’ble Court, it has been apply highlighted that the petitioner is a septuagenarian being more than 76 years of age and is suffering from various age related ailments. He is very frail and week weighing only about 40 Kgs. That apart, he is suffering from severe indigestion which practically renders him incapacitated to lead a normal life. That the petitioner requires a specialised treatment at a Specialized Institute and a constant attendant to look after him. “That the petitioner has no son and has three daughters. At this stage of the twilight of his life, his health is severely deteriorated which has raised alarming concerns about his well being. “That it is a matter of record that on the issue in question before the criminal courts, civil courts have also adjudicated the dispute between the parties, wherein, the complainant has been held entitled to the refund/return of earnest money amounting to Rs. 10 lacs. “That in order to demonstrate his bonafide before this Hon’ble Court, despite being in a gravely distressful pecuniary situation on account of incarceration in jail, the petitioner undertakes to deposit an amount of Rs. 10 lacs as awarded by the Civil court in such form (cash/demand drafts etc.) and subject to such conditions as this Hon’ble Court may deem fit and appropriate in the circumstances of the case. “That the petitioner further undertakes to abide by any other condition or directions that this Hon’ble Court may deem fit to impose while considering the humble plea of the petitioner to be released on probation or on bail or any other relief directing his release from the custody. “That the petitioner further undertakes to abide by any other condition or directions that this Hon’ble Court may deem fit to impose while considering the humble plea of the petitioner to be released on probation or on bail or any other relief directing his release from the custody. “ That the petitioner further humbly submits that he is a man of clean and clear antecedents and has lead a respectable as well as dignified life while rearing his family, inter alia, comprising of three daughters. The petitioner has never been embroiled in any kind of litigation much less any criminal case. It is also evident from the record that the alleged offence primarily revolves around a civil dispute which originated in July 1996 and the prosecution was launched in the year 1998. Ever since, the petitioner is facing the rigors of protracted trial/investigation and appeal proceedings for the last about 15 years. 4. On the instructions from Ms. Monica Mehra, who is present in Court, Mr. Vikram Chaudhri, counsel appearing for the petitioner undertakes to deposit a sum of Rs. 10 lacs with the Registry of this Court to satisfy the claim of the complainant Dr. Satya Bhushan Nayyar, as per the Civil Court Judgement dated 4.8.2008. 5. Learned counsel appearing on behalf of the petitioner has further submitted that keeping in view the various factors i.e. his advance age, health, being first offender, and that he is facing trial since 1998, the convict is entitled to the benefit of section 4 of the Probation of Offenders Act. In support of his case, counsel for the petitioner has relied upon the judgments of this Court in the case of Kulwant Singh vs. State of Punjab 2003(1)Cur.L.J.417, Ashwani Kumar vs. State of Haryana, 2003 (2) Cri.CC 586, Gyan Chand Sharma vs. State, 2002(3) R.C.R.(Criminal) 223, S.P. Malhotra vs. U.T. Chandigarh, 2007 (3) R.C.R. (Criminal) 735, Sher Singh and others Vs. The State of Punjab, 2003(2) AICLR 670, Shingara Singh vs. State of Punjab, 1983(1) R.C.R. (Criminal) 214 and Dharam Pal Vs. State of Haryana, 1999 (2) R.C.R. (Criminal) 863. 6. Learned State counsel though opposed the prayer made in the petition, however, he could not controvert the judgments cited at the bar and also could not dispute the fact that the petitioner is a first offender and is in his advance age. 7. State of Haryana, 1999 (2) R.C.R. (Criminal) 863. 6. Learned State counsel though opposed the prayer made in the petition, however, he could not controvert the judgments cited at the bar and also could not dispute the fact that the petitioner is a first offender and is in his advance age. 7. Keeping in view the facts and circumstances of the case, conviction of the petitioner is maintained. However, this Court is of the view that the benefit of probation is to be extended to the petitioner and he is directed to be released on probation of good conduct for a period of one year provided he deposits a sum of Rs. 10 lacs with the Registrar (Judicial) of this Court within a week from today and also furnishes a bail bound in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of Chief Judicial Magistrate, Amritsar. 8. ­During the course of period of probation, the petitioner shall not commit any offence and be of good behaviour. In case, the petitioner violates any terms of the bond it shall be open for the Court to call upon the petitioner to serve the remaining part of the sentence. 9. It will be open to the complainant to move necessary application for release of Rs. 10 lacs deposited by the petitioner. It is made clear that the order of this Court may not be construed as adjudication of lis on civil matters pending between the parties and is without prejudice to their rights in their litigation. 10. Bonds be furnished within 15 days failing which this order/judgment of appellate Court shall come into operation. 11. Subject to the aforesaid modification, this revision petition is disposed of. ------------