Short Note : 1. The applicant has filed this revision against the judgment dated 28th September, 1976, passed by the Additional Sessions Judge, Rajgarh, in Criminal Appeal No. 86/76, whereby the conviction of the applicant for the offence under section 435, IPC, and the sentence of rigorous imprisonment for nine months awarded thereunder by the Judicial Magistrate First Class Biaora, have been maintained. Held : It is true that before awarding sentence, the trial Court did not give opportunity to the applicant of being heard on the question of sentence to be awarded to him. The trial Court ought to have given him such an opportunity. However, considering the facts and circumstances of the case and in view of the prayer made on behalf of the applicant that he be given the benefit of section 4 of the Probation of Offenders Act, which appears to be reasonable, it is not now necessary to remit the case to the trial Court for deciding the question of sentence after giving him an opportunity of being heard on that question. 2. In the result, this revision is partly allowed, the conviction and sentence of the applicant are upheld but, considering the facts and circumstances of the case including the nature of offence, the young age of the applicant and the character of the offender, it is expedient to release him on probation of good conduct. It is, therefore, ordered that instead of sending the applicant to suffer the jail sentence, he be released on his entering into a bond for Rs. 1000/- (one thousand) with one surety in the like amount for a period of one year, to appear and receive sentence when called upon during such period and in the mean time to keep the peace and be of good behaviour. The bond shall be furnished to the satisfaction of the trial Court within one month from today. Revision partly allowed.