JUDGMENT -VISHNU SAHAI, J.:-The 7 petitioners, abovenamed feeling aggrieved by order dated 7th March, 1988 passed by Shri J.A. Patil, Additional Sessions Judge, Thane, have come up in Criminal Revision Application No. 243 of 1988 before this Honble Court. The learned Additional Sessions Judge was pleased to upheld conviction of petitioners under section 324, 147, 148 I.P.C. as directed by Smt. S.B. Gaikwad, J.M.F.C. Ist Court, Thane vide order dated 18th August, 1983. I have heard Shri S.V. Kotwal, holding brief for Shri S.R. Chitnis, as also the learned Additional Public Prosecutor. In para 25 of the Judgment of the learned Additional Sessions Judge, Thane, it to has been observed: "Before concluding, I may mention that the learned Magistrate, did not discharge his duty properly in recording the statements under section 313 Cr. P.C." It is found that only one common statement is recorded and that common answers of the accused are recorded. This is obviously not the proper way of recording statements of the accused. However, inspite of this infirmity, the learned Additional Sessions Judge chose to upheld conviction of the petitioners. In our opinion, this is a most casual, unsatisfactory, perfunctory and wholly illegal way, of recording statement under section 313 of Cr. P.C. This infirmity introduces an illegality in the conviction and sentence of the petitioners. It is well-settled that each accused is separately examined under section 313 of Cr. P.C. and his statement under the aforesaid section are taken down separately. Consequently, I have no option but, to set aside the impugned orders. My first reaction was to remand the case to the Magistrates Court for properly recording statement under section 313 Cr. P.C. However, learned Counsel for petitioners rightly pointed out that the incident being as old as 1979, that is it took place practically 141/2 years from today and the offences for which, petitioners have been convicted being petty offences, it would not be expedient in the interest of justice that legal machinery be recycled against the petitioners. Consequently, I set aside conviction and sentence of the petitioners imposed by the courts below. Petitioners are on bail. They need not surrender. Their bail bonds shall stand cancelled and sureties discharged. In case the petitioners have deposited fine it shall stand refunded to them. Rule made absolute. 2. Consequently, I set aside conviction and sentence of the petitioners imposed by the courts below. Petitioners are on bail. They need not surrender. Their bail bonds shall stand cancelled and sureties discharged. In case the petitioners have deposited fine it shall stand refunded to them. Rule made absolute. 2. I direct the Registrar to issue a direction to all the District Judges to inform all officers within their respective jurisdiction that statements of each accused has to be separately recorded under section 313 of Cr. P.C. Rule made absolute. *****