IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.839 of 2009 1. SHANKAR MISHRA SON OF MANGAL MISHRA 2. AKHILESH MISHRA 3. MITHILESH MISHRA BOTH SONS OF SHANKAR MISHRA, ALL RESIDENTS OF VILLAGE- JAISINGHPUR, POLICE STATION-SIKTA, DISTRICT WEST CHAMPARAN …PETITIONERS Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioners :Mr. Ashutosh Kumar For the State :Mr. J. K. Singh No.1, APP ----------- 02. 18.04.2011 Heard. Petitioners are aggrieved by judgment and order dated 17.02.2009, passed by learned Addl. Sessions Judge F.T.C.4, West Champaran at Bettiah on Cr. Appeal No.244 of 2007, whereby while upholding the conviction recorded by learned trial court under sections 323 and 427, they have been directed to be released under sections 3 and 4 of the Probation of Offenders Act. Petitioners were tried by learned Judicial Magistrate 1st Class, Bettiah in Tr. No.1188/07 and on a consideration of materials on record, they were held guilty under sections 323 and 427 IPC. Petitioner no.1 was imposed a fine of Rs.500/-, whereas petitioner nos. 2 and 3 were sentenced to undergo R.I. for one year under both counts/heads. The appeal of the petitioners was disposed of in the manner noted hereinabove. Section 12 of the Probation of Offenders Act reads as under: 2 Removal of disqualification attaching to conviction.- Notwithstanding anything contained in any other law, a person found guilty of an offence and dealt with under the provisions of section 3 or section 4 shall not suffer disqualification, if any, attaching to a conviction of an offence under such law: Provided that nothing in this section shall apply to a person who, after his release under section 4, is subsequently sentenced for the original offence. In that view of the matter, this Court is not inclined to interfere with the impugned judgments and orders of conviction. The application stands disposed of. hr ( Kishore K. Mandal )