IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.854 of 2008 RAJESH SINGH & ANR. Versus THE STATE OF BIHAR ----------- 02/ 21.08.2008 This application has been filed for setting aside the judgment dated 21.05.2008 passed by Sri Ram Vinod Singh, Additional Sessions Judge-cum-Fast Track Court No.-IV, Gaya in Cr. Appeal No. 91 of 2006(161 of 2006), thereby the judgment of conviction and order of sentence dated 08.03.2006 passed by Sri Shiv Kumar Shukla, Judicial Magistrate, Gaya in G.R. No. 1616 of 2000(Trial No. 106 of 2006 ) has been affirmed. The learned Magistrate has convicted both the petitioners under sections 323, 447 and 325 of the Indian Penal Code and has sentenced them to undergo S.I. for six months under section 323 of the Indian Penal Code, S.I. for three months under section 447 of Indian Penal Code and S.I. for three years under section 325 of Indian Penal Code along with fine of Rs.2,000/-. All the sentences have been directed to run concurrently. Heard learned counsel for the petitioners as well as the State. The learned counsel for the petitioners did not challenge the order of conviction. It is submitted that keeping in view the nature of the offence the court below ought to have granted the benefit of Probation of Offenders Act to the petitioners, as it is their first offence and they have no criminal antecedent. In this case they have already been harassed for last eight years. The injuries which are 2 said to be inflicted by the petitioners were found on hands. Not on vital parts of the body. Considered the submissions of the learned counsel for the petitioners and also perused the impugned judgments of both the courts. Having regard to the facts and circumstances of the case as well as the nature of the offences, I am of the view that the petitioners ought to have been released under Probation of Offenders Act instead of sending them in jail. In the result, the sentences awarded to the petitioners, namely, Rajesh Singh and Brijesh Singh, are hereby modified and they are directed to be released under section 4 of Probation of Offenders Act on their furnishing bond of Rs.5,000/-(Five thousand)each with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. With this alteration in the sentence, this application stands dismissed. The petitioners are directed to furnish probation bond within fifteen days of the receipt of this order. Let a copy of this order be sent to the court below through fax on the cost of the petitioners. harish/ (Ghanshyam Prasad, J.)