IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1457 of 2008 1. RANJAN KUMAR MAHASETH 2. SAANJAY KUMAR MAHASETH 3. ASHOK KUMAR MAHASETH Versus THE STATE OF BIHAR ----------- 3 16.122008 This revision has been preferred against the judgment and order dated 18/19.9.2008 passed by the Fast Track Court Court No. Vth, Katihar in Criminal Appeal No.54/1999 thereby the judgment of conviction and sentence dated 8.9.1999 passed by the Sub-divisional Judicial Magistrate, Katihar in C.A.No. 20/95 has been affirmed. The learned Sub-divisional Judicial Magistrate vide judgment dated 8.9.1999 has convicted the petitioners under Section 147 and 323 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year under both Sections. However, sentences have been directed to run concurrently. Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners presses this application only on the point of sentence. It is submitted by the learned counsel for the petitioners that the petitioners have already suffered mental agony for more than 12 years. The case is of petty nature. Therefore, the benefits of probation of offenders Act should be extended to the petitioners. The court below has wrongly refused to give any benefit either under Section 3 or 4 of Probation of Offenders Act. Considered the submission of learned counsel for the - 2 - parties. Perused the judgment of both courts. The case is of the year of 1995. The petitioners have already suffered mental agony for more than 12 years. The case is of petty nature. Under the facts and circumstances this Court is also of the view that benefits of provision of Probation of Offenders Act should be extended to the petitioners. In the result, while confirming the order of conviction against the petitioners, the sentence awarded to them is hereby set aside. The petitioners are directed to be released under Section 4 of Probation of Offenders Act on furnishing bond of Rs.1000/- (One thousand) each to the like amount to the satisfaction of the court below for a period of one year for maintaining peace and to be of good behavior. They are directed to furnish bond within fifteen days of receipt of this order failing which the sentence awarded to them shall stand. Let this order be communicated to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)