IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1436 of 2008 1. RAMAN BHAGAT 2. BINDER BHAGAT ……..PETITIONERS Versus STATE OF BIHAR ….OPPOSITE PARTY ----------- 2. 10.12.2008. This revision has been preferred against the judgment dated 17th September 2008 passed by Ist Additional Sessions Judge, Jehanabad in Cr. Appeal No. 63 of 1993/35 of 1990 thereby the judgment of conviction and sentence dated 13.7.1990 passed by SDJM, Jehanabad in Complaint Case No. 40C/1987/ Trial No. 407/1990 has been affirmed. It appears that the these petitioners along with other accused persons were convicted under Section 147 and 380 of the IPC and sentenced to undergo R.I. for one year under Section 147 I.P.C and R. I. for two years under Section 380 I.P.C. All the sentences have been directed to run concurrently. Heard learned counsel for the petitioners as well as the State. Learned counsel for the petitioners presses this Cr. Revision only on the point of sentence. It is submitted that the case is of the year 1987. The petitioners have already suffered mental agony for more than 21 years. The petitioners have no concern with the affairs of the family of the complainant. Maximum punishment provided under Section 380 I.P.C. is seven years. Therefore, the petitioners should be extended the benefit of Probation of Offenders Act. Considered the submission of learned counsel for the - 2 - petitioners and perused the impugned judgment. Having regard to the facts and circumstances as well as the fact that the case is based on complaint petition and is of the year 1987 and the petitioners have already suffered mental agony for more than 21 years and the case is also not of serious nature, while affirming the order of conviction passed against these petitioners the sentence awarded to them is hereby set aside. They are directed to be released under Section 4 of Probation of Offenders Act on furnishing bond of Rs.2000/-(two 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 petitioners must furnish probation bond within 15 days of receipt of this order, failing which the sentence awarded by the court below shall run. With the above modification, this Cr. Revision stands disposed of. Let this order be communicated to the court below through fax on the cost of the petitioners. kanchan (Ghanshyam Prasad, J.)