( 1 ) THE State has challenged the correctness and legality of the order dated 15-12-1990 passed by the learned Sessions Judge, Bellary in Cr. A. No. 107/1988.

( 2 ) THE facts are that the respondent was prosecuted for offences under Sections 324 and 326, I. P. C. before the J. M. F. C. , Siruguppa in C. C. No. 734/1987. The learned Magistrate convicted the respondent for the offence punishable under Section 324 and 326, I. P. C. and released him under bond for good behaviour under Section 4, of the Probation of Offenders Act, 1958, (for short the Act ). The matter was taken in appeal before the learned Sessions Judge and the learned Sessions Judge upheld the order holding that the benefit of Section 4, of the Act was available to the respondent as the offence under Section 326, I. P. C. was not punishable with death or imprisonment for life. The learned Sessions Judge negatived the contention of the State to the contrary in adopting that view. Hence, the State has come in revision before this Court.

( 3 ) THE respondent was found guilty of an offence punishable under Section 326, I. P. C. The punishment provided under Section 326, I. P. C. for causing grievous hurt is imprisonment for life or for imprisonment of either description for a term which may extend to 10 years and also fine.

( 4 ) SECTION 4 of the Probation of Offenders Act, 1958, reads as under :"4. Power of Court to release certain offenders on probation of good conduct: (1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the Court may direct, and in the meantime to keep the peace and be of good behaviour : provided that the Court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the Court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. (2) Before making any order under Sub-Section (1), the Court shall take into consideration the report, if any, of the probation officer concerned in relation to the case. (3) When an order under Sub-Section (1) is made, the Court may, if it is of opinion that in the interests of the offender and of the public it is expedient so to do, in addition pass a supervision order directing that the offender shall remain under the supervision of a probation officer named in the order during such period, not being less than one year, as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the offender. (4) The Court making a supervision order under Sub-Section (3), shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the Court may, having regard to the particular circumstances, consider fit to imose for preventing a repetition of the same offence or a commission of other offences by the offender. (5) The Court making a supervision order under Sub-Section (3), shall explain to the offender the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to each of the offenders,