IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1320 of 2008 1. LALJI YADAV 2. BABBAN YADAV 3. GUDDU YADAV 2 BARISTER YADAV 4. SUDHAR YADAV 5. SRI YADAV; PETITONERS. Versus STATE OF BIHAR; OPPOSITE PARTY. ----------- 2 24.11.2008 This revision application has been preferred against the judgments and order dated 11.9.2008 passed by the Fast Track court No.1, Kaimur (Bhabua) in Criminal Appeal No.56/07 - -7/07 thereby judgment of conviction and sentence passed by Sri S. B. M. Tripathi, Judicial Magistrate, 1st Class, Kaimur in Trial No. 981/07 has been affirmed. It appears that the learned Magistrate vide judgment dated 30.8.2007 has convicted the petitioners under Section 323, 447 and 325/34 of the Indian Penal Code and has sentenced them to undergo imprisonment for one year under Section 323 I.P.C., three months under Section447 I.P.C and rigorous imprisonment for two years under Section 325/34 I.P.C.. However, sentences have been directed to run concurrently. Heard learned counsel for the petitioners. Learned counsel for the petitioners presses this application only on the point of sentence. Submission of learned counsel for the petitioners is that there is case and counter case between the parties. There was no definite opinion before the lower court regarding the injury of fracture. It is further submitted that there was no intention on the part of the petitioners to commit any offence. The victims received injuries in course of Mar Pit between both parties. Therefore, it is an appropriate case in which the court below ought to have extended the benefit of Probation of Offenfders Act to - 2 - the petitioners. Considered the submission of learned counsel for the petitioners. Perused the judgment of lower courts. It appears from the judgment that there is no definite allegation against any of the accused persons as to who gave Garansa blow causing fracture injury to one of the injured. There is general and omnibus allegation against all the accused persons. The petitioners have already remained in jail custody for more than four months. Under the facts and circumstances of the case I am also of the view that the benefit of Probation of Offenders Act should be extended 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 bond of Rs.2000/- (Two thousand) each of the like amount to the satisfaction of the court below for a period of one year to maintain peace and to be of good behaviour. They are directed to furnish bond within fifteen days of receipt of this order failing which the sentence awarded to them shall stand. Let the order be communicated to the court below through FAX on the cost to be deposited by the petitioners. B.Jha (Ghanshyam Prasad)