H. HOMBE GOWDA OFFICIATING C. J.

( 1 ) THE lagality and correctness of the order passed in C. C, No. 113/2/1962 by the First Class magistrate, passed on 8-3-1963 applying the provisions of Section 4 of the Probation of offenders Act, 1958 and releasnig the respondents who were found guilty of an offence Under section 326 IPC on probation of good conduct for keeping peace after executing a bond is challenged in this revision petition.

( 2 ) A charge sheet was placed by the police of Janwada against the respondents before the First class Magistrate, Bidar for an offence punishable Under Section 326 IPC On perusing the documents filed Under Section 173 Cr, P. C. the learned Magistrate framed a charge against the respondents for an offence punishable Under Section 326 IPC on 6-10-62. When the said charge was read over and explained to the respondents and they were called upon to plead, they pleaded 'not guilty'. The prosecution then proceeded to lead evidence to establish the charge against the respondents. On 23-11-62 the complainant was examined in part and the case was posted for further evidence. When the case came up for trial on 8-3-63 it appears that the respondents filed two

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