IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.930 of 2008 ARJUN RAM & ORS Versus STATE OF BIHAR ----------- 3. 4.9.2008. This revision has been preferred against the judgment dated 30th April,2008 passed by Fast Track Court No.IV, Aurangabad in Cr. Appeal No.86 of 1999/46 of 2007 thereby the judgment of conviction and sentence dated 6.12.1999 passed by Sri B.R. Prasad, Judicial Magistrate, Ist Class, Aurangabad in Trial No.771 of 1999 has been confirmed. The learned Magistrate vide impugned judgment convicted all the petitioners under sections 147, 504 and 353 of the I.P.C. and sentenced him to undergo S.I. for total period of two years. This revision is heard only on the point of sentence. It is submitted on behalf of the petitioners that the offence is of the year 1986. The petitioners have already been harassed for more than 22 years. All the sections under which they have been convicted have sentenced of only up to two years or - 2 - with fine. The learned lower court ought to have given the benefit of provisions of Probation of Offenders Act but without consideration of entitlement the court below has awarded substantive sentence. For that he has relied upon decision reported in 2001(10)SCC 477 (Om Prakash & ors. Vrs. State of Haryana). Considered the submission of the learned counsel for the petitioners as well as facts and circumstances of the case. This is a case of the year 1986. Petitioners have already been harassed for more than two years. Having regard to the nature of the accusation, it appears to me that the petitioners deserve the benefit of provisions of Probation of Offender Act. Accordingly, the sentence awarded to the petitioners is hereby set aside and they are directed to be released on furnishing probation bond of Rs.2,000/- (two thousand)each with two sureties of the like amount each for a period of one year to maintain peace and be of good behaviour. - 3 - N.H./ With above modification in sentence, this application is allowed. Petitioners are directed to furnishing the probation bond within two weeks of receipt of this order. Let this order be communicated to the court below through fax on cost being deposited by the petitioners. ( Ghanshyam Prasad )