H.R. Panwar, J. - (1.) The instant criminal revision petition u/s. 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against the judgment dated 17.3.2004 passed by the Additional Sessions Judge No. 2, Sri Ganganagar, Camp Suratgarh (for short, "Appellate Court" hereinafter) in Criminal Appeal No. 23/2002, whereby the Appellate Court dismissed the appeal filed by the petitioners against the judgment and order dated 22.7.2002 passed by the Additional Chief Judicial Magistrate, Suratgarh (for short, "the trial Court" hereinafter) in Criminal Regular Case No. 530/1995, whereby the trial Court convicted the petitioners for the offences u/ss. 148, 447, 427, 323/149 IPC and instead of sentencing them at once to any punishment, the petitioners were granted the benefit of Section 4(1) of the Probation of Offenders Act, 1958 (for short, "the Act, 1958") and directed to release on probation provided each of them furnishes a bond in the sum of Rs. 3,000/- to maintain peace and tranquility and be of good behavour for a period of three years and they were directed to pay a sum of Rs. 1,000/- each as prosecution expenses. Aggrieved by the impugned judgment, the petitioners have filed the instant revision petition.
(2.) I have heard learned counsel for the petitioners and the Public Prosecutor for the State. I have carefully perused the judgments and orders passed by the Courts below and gone through the record of the trial Court.
(3.) At the out set, learned counsel for the petitioners submitted that the petitioners do not challenge their conviction for the aforesaid offences as also the grant of benefit of Section 4 of the Act, 1958. However, he has confined his challenge only to the extent of directing each of the petitioners to pay a sum of Rs. 1,000/- as prosecution expenses.;