Criminal Appeal (SJ) No. 389 of 1998 ****** Against the judgment of conviction and order of sentence dated 20.08.1998 passed by Sri Bipin Dutta Pathak, learned 2nd Additional Sessions Judge, Aurangabad in Sessions Trial No. 167/87/73/93. ****** Shohail Khan, Son of Late Kamrul Hoda, resident of village – Raham Bigha, Police Station – Kutumba, District – Aurangabad. .... .... Appellant. Versus The State Of Bihar .... .... Respondent. ****** For the Appellant : For the Respondent : Mr. Sujit Kumar Singh, A.P.P. P R E S E N T THE HON’BLE MR. JUSTICE GOPAL PRASAD GOPAL PRASAD, J. Heard learned counsel for the appellant and learned counsel for the State. 2. The appellant has been convicted under Section 323 of the Indian Penal Code and sentenced to pay a fine of Rs.700/- else to undergo rigorous imprisonment for three months. 3. The occurrence is of the year 1986. However, the trial court has not mentioned why the benefit under Section 360 of the Cr.P.C. or Probation of Offenders Act has not been provided to the appellant. 4. Hence, having regard to the fact that the occurrence is of the year 1986 and the appellant suffered due to the prosecution and appeal and 2 hence the interest of justice shall be served by giving benefit to the appellant under Sections 3 and 4 of the Probation of Offenders Act and the sentence is ordered to be substituted of his release on due admonition and with this modification in sentence, the appeal is dismissed. (Gopal Prasad, J.) Patna High Court, Patna. Dated, the 24th July, 2011. N.A.F.R./Kundan.