IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.980 of 2008 PRAMOD YADAV & ORS Versus STATE OF BIHAR & ANR ----------- 2 8.9.2008 This revision application has been preferred against the judgment dated 27.6.2008 passed by 1st Additional Sessions Judge, Banka in Criminal Appeal No.79/07 thereby the conviction and sentence passed by the Chief Judicial Magistrate, Banka in G.R.Case No.863/03, Tr.No.327/07 has been confirmed. The learned Chief Judicial Magistrate, Banka has convicted the petitioners under Sections 341, 323 and 325 of the Indian Penal Code and have been sentenced to undergo simple imprisonment for a period of one month under Section 341, simple imprisonment for three months and rigorous imprisonment for one year under respective Sections of the Indian Penal Code. This revision has been heard on the point of sentence only. It is submitted on behalf of the petitioners that the injured has not been examined in this case and there is contradictions in the injury report. Further submission is that the learned lower court has not considered the provision of Probation of Offenders Act. The learned court below ought to have released the petitioners on probation bond. Considered the submission of learned counsel for the parties as well as facts and circumstances of the case. I am also of the view that that the Additional Sessions Judge ought to have given benefit of Probation of Offenders Act to the petitioners. - 2 - Having regard to the facts and circumstances of the case, the sentence awarded to the petitioners is hereby set aside. The petitioners, Pramod Yadav, Mani Lal Yadav and Veena Devi are directed to be released on furnishing probation bond of Rs.2000/- (Two thousand) each with two sureties of the like amount each to maintain peace and be of good behaviour for a period of one year to the satisfaction of the Chief Judicial Magistrate, Banka in G.R.Case No.863/03, Tr.No.327/07 under Section 4 of the Probation of Offenders Act within fifteen days of receipt of this order. With above modification in sentence this application is allowed. Let a copy of this order be sent to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)