IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.985 of 2011 1. Laxman Chaudhary son of Ram Krishan Chaudhary. 2. Narayan Chaudhary, son of Laxman Chaudhary. 3. Ram Prasad Shah, son of Khakhar Shah. All are residents of Village-Rahua, P.S.-Bihra, District- Saharsa. ...........Petitioners Versus The State Of Bihar ..............Opposite Party ----------- 02 16.08.2011 Heard Mr. Pramod Mishra, learned counsel for the petitioners and Mr. Dinesh Sarit, learned Additional Public Prosecutor for the State. I.A. No. 1724 of 2011 has been filed under Section 5 of the Limitation Act for condonation of delay in filing the criminal revision application. There is sufficient ground for the condonation of delay. The delay in filing the criminal revision application is condoned. I.A. No. 1724 of 2011 is allowed. This criminal revision application has been filed by the petitioners against the judgment dated 4th February, 2011, passed by learned Additional Sessions Judge-1st, Saharsa, in Criminal Appeal No. 22 of 2002, by which the appeal has been dismissed with modification in conviction and sentence passed by the learned trial Court in G.R. Case No. 1451 of 1994. It is submitted by the learned counsel for the petitioners that this revision application may be disposed of at the 2 time of admission with modification in the sentence. The prosecution case, in brief, is that on 18.11.1994, the informant Radhe Shyam Chaudhary P.W.-3 was assaulted after altercation by the accused and his money and wrist watch were also snatched by the accused. On the written report of the informant, Bihra P.S. Case No. 633 of 1994 was instituted against the accused. After investigation, the charge-sheet was submitted. Cognizance was taken. After the charge and trial the petitioners were convicted and sentenced. The accused Debu Sah was acquitted. The petitioner Laxman Chaudhary was convicted under Sections 323, 504 and 342 of the Indian Penal Code and was sentenced to undergo simple imprisonment for six months under Section 342, one year under Section 323 and six months under Section 504 of the Indian Penal Code. The petitioner no. 2, Narayan Chaudhary was convicted and sentenced to simple imprisonment for six months under Section 504 and one year for the offence under Section 323 of the Indian Penal code and petitioner no. 3, Ram Prasad Shah was sentenced to simple imprisonment for six months each under Sections 323 and 337 of the Indian Penal code. All the sentences to run concurrently. Thereafter, the petitioners preferred criminal appeal No. 22 of 2002. The conviction and sentence under Sections 504, 342 and 337 of the Indian Penal Code have been set aside and all the petitioners have been found guilty under Section 323 of the 3 Indian Penal Code and the sentence have been reduced to three months simple imprisonment vide the impugned judgment and order. Learned counsel for the petitioners submits that the offence is of the year 1994 and the petitioners have already suffered mental agony. There is no material on record to show that they have any criminal antecedent. The petitioners are entitled to get relief under the provision of the Probation of Offenders Act. Learned counsel for the State could not controvert the contention of the petitioners. After hearing the learned counsel for both the parties and on perusal of the impugned judgment in appeal as well as of the learned trial Court, it appears that there is no material on record to show that the petitioners have any criminal antecedent. It also appears that the petitioners have been suffering from mental agony more than last 16 years. Considering the facts and circumstances, it appears that it is a fit case in which the sentence should be modified and the petitioners should be given the benefit under the provisions of Probation Offenders Act. The above named petitioners are directed to be released on bail on furnishing surety bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa, in connection with G.R. No. 1451 of 1994, T.R. No. 207 4 of 2002, each for maintaining peace and be of good behaviour for a period of one year. In case of violation of the terms of the bond, the sentence passed against the petitioners will be revived. With this modification in the sentence, this criminal revision application stands disposed of. Let the copy of this order be sent to the learned trial Court through FAX at the cost of petitioners. Safik (Amaresh Kumar Lal, J.)