IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.797 of 2008 LALAN SAHNI & ORS Versus STATE OF BIHAR ----------- 2. 7.8.2008. This revision has been preferred against the judgment dated 24th June,2008 passed by F.T.C. 2nd, Bettiah in Cr.Appeal No.160 of 2007 thereby the order of conviction and sentence passed by Shri Rajesh Narayan Sewak Pandey, Judicial Magistrate, Bettiah dated 30th June,2007 in G.R. Case No.3470 of 1992/Trial No.66 of 2007 has been confirmed. The learned Magistrate has convicted all the five petitioners- accused under sections 323 and 341 I.P.C. and sentenced to undergo S.I. for eight months and S.I. for one month respectively. Petitioners Lalan Sahni, Suresh Sahni and Bunela Sahni have further been convicted under section 147 I.P.C. and sentenced to undergo S.I. for six months. Petitioners Harish Chandra Sahni and Nand Lal Sahni have further been convicted under section 148 I.P.C. and sentenced to undergo S.I. for one year. All the sentences have been directed to run concurrently. The learned counsel for the petitioners submits only on point of sentence. It has been submitted that the date of occurrence is of the year 1992. Both the parties are gotias. This is the first offence of the petitioners. Therefore, the petitioners ought to have been given the benefit of provision of Probation of Offender Act. Considered the submission of the learned counsel for the petitioners. Perused the judgment of the lower court. Under the facts and circumstances, this Court is also of the view that after lapse of about 15 years, it would not be proper to award substantive substance to the petitioners in petty nature of cases. The court below ought to have given the benefit of provisions of Probation of Offenders Act. Under the circumstances, the sentence awarded to the petitioners are hereby modified and they are directed to be released under section 4 of the provisions of Offenders Act on their furnishing bond of Rs.2,000/- (two - 2 - N.H./ thousand)each with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. The probation bond must be furnished within 15 days of receipt of this order. Accordingly, this application stands disposed of with above observation and modification in sentence. Let a copy of this order be sent to the court below through fax on cost being deposited by the petitioners. ( Ghanshyam Prasad )