IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (SJ) No.9 of 2009 LAL BAHADUR SINGH Versus 1. STATE OF BIHAR 2. BHASKAR SINGH 3. SHAMBHU SINGH 4. GAJENDRA SIGNH 5. MANGAL SINGH @ CHANDRA BHUSHAN SINGH 6. SHARDA NAND SINGH @ BITAL SINGH 7. SATYENDRA SINGH ----------- 2 15.01.2009 Heard. The present appeal under section 11(2) of Probation of Offenders Act is directed against the judgment and order dated 23.10.2008 passed by the learned Trial Court in Sessions Trial No. 29/1998 (Tr. No. 14/2008). It appears that the opposite parties herein were charged under sections 323, 342 and 307 of Indian Penal Code. The learned Trial Court, on perusal of the evidence brought on record, came to the conclusion that no case under section 307 of I.P.C. has been made out. However, on the basis of materials on record (O.Ps herein)have been found guilty and convicted under sections 323 and 342 of Indian Penal Code. The date of occurrence in the present case is 4.10.1992. The criminal proceeding took/consumed almost 16 years and thereafter the impugned order has come to be passed. The Trial Court found as follows: “It is submitted on behalf of the convicts that all the accused persons are of young age and there is no any criminal antecedent. Both - 2 - the parties are Gotias having a good reputation in the society, therefore, considering the nature of the offence, benefit of Probation of Offenders Act be given to them. “Having regards the submission, age of convicts, nature of offence and clean antecedent of the convicts, it would not be proper to award them a substantive punishment. In view of the facts and circumstances, I find that in stead of sentencing the accused persons (convicts) at once, it will be just and expedient for the interest of justice to release all the convicts on execution of Probation Bond u/s 4(1) of the Probation of Offenders Act for one year. All the convicts are accordingly directed to be released from custody on execution of Probation bond of Rs. 5,000/- with 2 sureties of the like amount each, undertaking therein to maintain peace and good behaviour till one year and to present themselves before the Court for sentence if and when directed by the Court.” In the light of the materials on record, letting the accused persons under the provisions of Probation of Offenders Act for maintaining peace and good behaviour for a period of one year does not appear to be illegal and/or unreasonable. This Court finds no merit in the appeal. The appeal stands dismissed. pkj ( Kishore K. Mandal, J )