JUDGMENT This revision has been filed against the judgment and order dated 21st of October, 1994 passed by Additional Sessions Judge of Shivpuri, whereby the petitioners were convicted u/s. 323 read with Sec. 34 of the I.P.C. They were directed to pay a fine of Rs. 500/- each, in default to undergo one month's R.L each. Learned counsel for the petitioners pressed this petition only on the point of sentence and urged that both the petitioners are government servants, working as teachers in Government School. There were no criminal history of the petitioners. It is, therefore, prayed that they be granted probation so that their services are not adversely effected. The amount of fine, however, has been deposited which may be paid to the complainant/injured as compensation. Reliance was placed on the case of Rajbeer v. State of Haryana reported in AIR 1985 SC 1278 . In that case it was held that on facts when the accused was in Government service, the probation could be granted u/s. 4 of the probation of Offenders Act so that his service is not adversely effected. The facts of this case are similar. Both the petitioners are in Government service. There is no criminal history against them. Therefore, they are entitled to be released on probation instead of being sentenced to any imprisonment as fine. The revision is allowed. The impugned order passed by the Additional Sessions Judge, Shivpuri is modified to the extent that the petitioners, instead of being sentenced to any imprisonment, or fine shall be released on probation of good conduct for a period of one year from today on furnishing a personal bond in the sum of Rs. 10,000/- each to the satisfaction of Chief Judicial Magistrate, Shivpuri. During this period if any offence is committed by the petitioners, they shall be called upon to receive the sentences already awarded. The fine has already been deposited. Under section 5 of the Probation of Offenders Act it is directed that the amount of fine of Rs. 1,000/-, deposited by the petitioners, shall be paid to the complainant/injured as compensation. The petition is disposed of finally as indicated above.