1. Special leave granted. Heard learned counsel for the parties
2. In the peculiar circumstances of this case and in view of the fact that the appellant is a man of 85 years of age and he had already been in jail for a few months, he deserves to be considered under Section 4 of the Probation of Offenders Act. Under these circumstances we direct that as he is on bail, he shall not be sent to jail on his furnishing a bond of good behaviour to the satisfaction of Chief Judicial Magistrate, Kashipur, Nainital
3. The appeal is disposed of accordingly.