IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.900 of 2008 KEDAR SINGH Versus THE STATE OF BIHAR ----------- 2 25.11.2008 This revision application has been preferred against the judgment dated 19.7.2008 passed by the Additional District and Sessions Jude, Fast Track Court IV, Siwan in Criminal Appeal No.26/96 thereby conviction and sentence of the petitioner passed by Sri A. K. Singh, Judicial Magistrate, 1st Class, Siwan in Complaint Case No. 20/85, Tr.No. 256/96 has been confirmed. The learned Magistrate has convicted this petitioner along with other accused for cheating and sentenced him to undergo simple imprisonment for six months. Heard learned counsel for both parties. Learned counsel for the petitioner presses this revision application only on the point of sentence. It is submitted by the learned counsel for the petitioner that this is a case of the year 1985. One of the co-accused has also been released under the provision of Probation of Offenders Act but this petitioner has arbitrarily been refused the benefit of said provision. Considered the submission of learned counsel for the petitioner. Perused the impugned judgment. This case of the year 1985 is based on complaint petition. The complainant has also not been examined in this case. Under the circumstances, while confirming the order of conviction against the petitioner, the sentence awarded to him is - 2 - hereby set aside. The petitioner is directed to be released under Section 4 of Probation of Offenders Act on executing bond of Rs.1000/- (One thousand) with one surety of like amount to the satisfaction of the court below for a period of one year for maintaining peace and to be of good behaviour. He is directed to execute bond within four weeks of receipt of this order failing which the sentence awarded to him shall remain stand. B.Jha (Ghanshyam Prasad)