IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1533 of 2008 1. RAMESHWAR BHAGAT 2. KAMENDRA BHAGAT @ BUTTA 3. RAKESH BHAGAT Versus STATE OF BIHAR ----------- 2 23.12.2008 This revision has been preferred against the judgment dated 22.9.2008 passed by Additional Sessions Judge, IX, Patna in Criminal Appeal No. 323/98 thereby the judgment dated 18.9.1998 passed by Sri Baijnath, Judicial Magistrate, 1st Class, Danapur in G.R.No. 1111/95 (Trial No. 0487/98) arising out of Bikram P.S.Case No.238/95 has been affirmed with modification in sentence. The learned Magistrate vide judgment dated 18.9.1998 convicted the petitioners under Section 323, 341 and 325/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two months under Section 323 of the Indian Penal Code, simple imprisonment for fifteen days under Section 341 of the Indian Penal Code and rigorous imprisonment for two years under Section 325/34 of the Indian Penal Code. However, learned Additional Sessions Judge vide impugned judgment while upholding the conviction of the petitioners modified the sentence to the extent of two months simple imprisonment under Section 323 Indian Penal Code and simple imprisonment for one year under Section 325/34 of the Indian Penal Code. Heard learned counsel for both parties. Learned counsel for the petitioners presses this revision application only on the point of sentence. It is submitted by the learned counsel for the petitioners that there is case and counter case between the parties. The case is of the year 1995. The petitioners have already suffered mental agony for more than twelve years. The - 2 - maximum punishment for an offence under Section 325 of the Indian Penal Code is seven years. and, therefore, the court below ought to have extended the benefit of provision of Offenders Act to the petitioners. Considered the submission of learned counsel for the petitioners and perused the judgment of both the courts below. This is the case of the year 1995. The petitioners have already suffered mental agony for more than twelve years. Under the facts and circumstances I am also of the view that it is an appropriate case to extend the benefit of Probation of Offenders Act to the petitioners. In the result, while confirming the order of conviction against the petitioners, the sentence awarded to them is hereby set aside. The petitioners are directed to be released under Section 4 of Probation of Offenders Act on furnishing probation bond of Rs.2000/- (two thousand) each of the like amount to the satisfaction of the court below for a period of one year for maintaining peace and be of good behavour. They are directed to furnish bond within fifteen days of receipt of this order failing which the sentence awarded to them shall stand. Let this order be communicated to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)