IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1513 of 2008 IMTEYAZ ANSARI Versus STATE OF BIHAR ----------- 2. 19.12.2008. This revision has been preferred against the order dated 19th September,2008 passed by F.T.C. No.IVth, Gaya in Cr. Appeal No.9 of 2007/155 of 2007 thereby the judgment of conviction and sentence dated 27.9.2007 passed by Sri Shiv Kumar Shukla, Judicial Magistrate Ist Class, Gaya in G.R. No.1898 of 2003, Trial No.1099 of 2007 has been affirmed. The learned Magistrate vide judgment dated 27.9.2007 has convicted the petitioner under sections 354 and 458 of the I.P.C. and sentenced him to undergo S.I. for six months with fine of Rs.500/- under section 448 of the I.P.C. and S.I. for one year with fine of Rs.500/- under section 354 of the I.P.C. In default of fine, he has been directed to further undergo S.I. for two months. All the sentences have been directed to run concurrently. Heard the learned counsel for the petitioner as well as the State. - 2 - The learned counsel for the petitioner presses this application only on the point of sentence. It is submitted that the petitioner has already been harassed for more than five years. In both the offences, the maximum punishment prescribed under the law is only two years with fine. It is further submitted that there is no criminal antecedent against the petitioner. In such nature of cases, the lower court ought to have extended the benefit of Probation of Offenders Act to the petitioner. Considered the submission of the learned counsel for the petitioner. Perused the judgments of lower courts. There is no criminal antecedent. Petitioner has been convicted under sections 354 and 448 of the I.P.C. The maximum punishment under section 354 is only two years. Under the facts and circumstances, while confirming the conviction recorded against this petitioner, the sentence awarded to him is hereby set aside. The petitioner is directed to be released under section4 of the provisions of Offenders Act on his furnishing - 3 - N.H./ bond of Rs.2,000/- 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 before the court below, failing which the sentence awarded to the petitioner shall stand. Accordingly, this application is dismissed with above modification in the sentence. Let this order be communicated to the court before through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )