IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1340 of 2008 1. BIRA DUBEY 2. RIPUSUDAN DUBEY 3. BACHCHA BARAI ; PETITONERS Versus 1. STATE OF BIHAR 2. KAMESHWAR MISHRA ; OPPOSITE PARTIES. ----------- 2 24.11.2008 This revision application is directed against the judgment and order dated 25.9.2008 passed by the Fast Track Court No. III , West Champaran at Bettiah in Criminal Appeal no. 152 of 2007 thereby the judgment of conviction and sentence passed by Sri N. K. Tripathi, Judicial Magistrate, Bettiah dated 15.6.2007 in Complaint Case No. 1172C of1990 has been affirmed with modification in sentence. It appears that the learned Magistrate vide aforesaid judgment has convicted the petitioners under section 147, 323 and 379 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year under Section 147 I.P.C., rigorous imprisonment for six months under Section 323 I.P.C and rigorous imprisonment for two years under Section 379 I.P.C. However, the learned appellate court vide impugned judgment has reduced the sentence to the period of rigorous imprisonment for one month under Section 147 I.P.C., rigorous imprisonment for one month under Section 323 I.P.C and rigorous imprisonment for two months under Section379 I.P.C. Heard learned counsel for the petitioners. Learned counsel for the petitioners presses this application only on the point of sentence. It is submitted by the learned counsel for the petitioners that this is a case of the year 1990. The allegation is with regard to theft of crops - 2 - worth Rs. 1000/- only. The petitioners have already suffered much mental agony owing to long pendency of case for eighteen years. The petitioners have no criminal antecedent. Therefore it is an appropriate case in which the court below ought to have extended benefit of Probation of Offenders Act. Considered the submission of learned counsel for the petitioners. Perused the impugned judgment. It is a case of the year 1990. All sections are punishable for a period much less than seven years. In the facts and circumstances, in my view, release of petitioners under Section 4 of Probation of Offenders Act shall meet the ends of justice. In the result, while affirming the conviction of the petitioners, sentences awarded to them are hereby set aside. The petitioners are directed to be released under Section 4 of Probation of Offenders Act on furnishing bond of Rs.2000/- (Two thousand) each of the like amount to the satisfaction of the court below for a period of one year to maintain peace and to be of good behaviour. They are directed to furnish bond within fifteen days of receipt of this order failing which the sentence awarded to them shall stand. Let the order be communicated to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)