IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.644 of 2006 SUREN SAO Versus THE STATE OF BIHAR & ORS ----------- 3. 24.6.2008. Heard learned counsel for the petitioner, informant and the counsel for the Opposite Party Nos. 2 and 3 who have been convicted for the different offences under the Penal Code and their conviction has been upheld even by the appellate court but the sentence has been directed to be suspended in the light of the provisions of Probation of Offenders Act as it was their first conviction. Counsel for the petitioner informant states that besides the present case Opposite Parties 2 and 3 are also accused in two other cases and as they have availed the benefit under the provisions of Probation of Offenders Act, they be precluded from taking such benefit if they are convicted for the other offences in another trial. It is evident form the provisions of Probation of Offenders Act that benefit of suspension of sentence can be availed of by an accused only once, in the circumstances, this criminal revision application is dismissed with observation that if Opposite Party Nos. 2 and 3 are convicted for any other offence hereafter then they shall not be entitled for any benefit under the provisions of Probation of Offenders Act. Rajesh/ (V.N.Sinha,J.)