Farooq Hasan, J. - (1.) This revision petition though having been filed under Section 397 read will Section 401, Cr.P.C. but, at the time of arguments, prayed for treating it having been filed under Section 11(4) of the Probation of Offenders Act, 1958 (for short, 'the Act'), arises out of an order/judgment of the Chief Judicial Magistrate, Sawai Madhopur, by which he refused to release the petitioners on probation under Section 3/4 of the Act read with Section 360, Cr.P.C. while holding them guilty of the offence punishable under Section 225(B), IPC, but, sentenced each of them to undergo six month's RI with a fine of Rs. 500/- (in default, further 15 day's SI).
(2.) In a criminal complaint by Abdul Samad before Addl. Judl. Mag. No. 2, Sawai Madhopur alleging offence of Sec. 477, IPC against the petitioners, they were summoned. They moved a bail petition on 25.3.1983 through their counsel but, thereon, no order was passed & contrarily a cr. case for offence punishable under Section 225-B, IPC, was ordered by the Court to be registered against the petitioners observing that they had run away from the custody of the Court. Thereupon, the said case was registered and tried by the Chief Judicial Magistrate, Sawai Madhopur who, after due trial, and hearing the parties, vide his judgment dated 4.2.1991, convicted & sentenced under Section 225-B, IPC, as indicated above. And, he refused the prayer of the petitioners to grant probation to them, on the ground that since they were in the custody of the court and had run away therefrom, so, it is not a case to invoke jurisdiction under Sec. 3/4 of the Probation of Offenders Act read with Sec. 360, Cr.P.C.
(3.) Pertinently to mention that the petitioners have already preferred a criminal appeal before the court-below against their conviction & sentence imposed by the trial Court (Chief Judicial Magistrate). And, this revision petition is confined to the grievance against the refusal by the trial Court in the matter of grant of probation to the petitioners.;