This revision application is directed against the appellate order dated 24.06.2015 passed by the learned Additional Sessions Judge, 3rd, Bermo at Tenughat ( Bokaro) in Cr. Appeal No. 23 of 2012 affirming the judgment /order dated 20.01.2012 passed by the learned Sub Divisional Judicial Magistrate, Bermo at Tenughat in G.R. No. 522 of 2003, whereby and whereunder the petitioner has been convicted under section 279, 337 and 304A of the Indian Penal Code and sentenced to undergo simple imprisonment of three months each under section 279 and 337 of the Indian Penal Code, whereas the learned court below sentenced the petitioner to under go simple imprisonment for six months under section 304A of the Indian Penal Code.

2. Learned counsel for the petitioner submits that he confined this revision only on the point of sentence.

3. It is submitted that the petitioner has been convicted under section 279, 337 and 304A of the Indian Penal Code and sentenced to undergo simple imprisonment for three months each under section 279 and 337 of the Indian Penal Code, whereas the learned court below sentenced the petitioner to under go simple imprisonment for six months under section 304A of the Indian Penal Code. It is submitted that the learned court below before sentencing the petitioner has not assigned any special reason for not giving the benefit to the petitioner under section 360 of the Cr.P.C. and/or under the provisions of Probation of Offenders Act. Accordingly, it is submitted that the order of sentence passed by the learned courts below is bad.

4. Learned Additional P.P. after going through the judgments of the courts below has not disputed the aforesaid submission.

5. As per section 361 of the Cr.P.C., it is imperative for the Court to give special reason if the court could not deal with the accused persons under section 360 of the Cr.P.C or under the provisions of Probation of Offenders Act 1958.

6. It appears that petitioner is the first offender and none of the offences is punishable with life imprisonment and/or death sentence. Thus the Probation of Offenders Act as well as the provision of section 360 of the Cr.P.C. is applicable in this case.

7. Thus, in view of the provision contained under section 361 of the Cr.P.C., the learned court below is required to give special reason for not giving the benefit to the accused under the provisions of Probation of Offenders Act and/or under section 360 of the Cr.P.C.

8. In that view of the matter, I find that the order of sentence passed by the learned courts below cannot be sustained. Accordingly, I partly allow this revision application so far it relates to the order of sentence and set aside the order of sentence passed by the learned courts below. I further direct that the petitioner be released from the jail custody, if the petitioner execute a bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each for keeping peace for one year as per the provisions contained under the Probation of Offenders Act read with section 360 of the Cr.P.C.