JUDGMENT 1. - I have heard learned counsel for the petitioner and the Public Prosecutor. 2. The petitioners-Madhu and Pappu have been convicted by the Court of Additional Chief Judicial Magistrate No. 1, Chittorgarh for offence u/ss. 341 & 323/34 IPC. Each of them have been convicted for offence u/s. 323/34 IPC and sentenced to two months simple imprisonment and to pay a fine of Rs. 200/- each. They have also been convicted for offence u/s. 325/34 IPC and sentenced to three months simple imprisonment and to pay a fine of Rs. 1,000/- each. 3. The learned Additional Sessions Judge No. 11, (sic No. 1) Chittorgarh by judgment dated 4.11.2003 has confirmed the conviction but set aside the order of sentence and remitted the matter to the Trial Court for passing the sentence in accordance with law. In my view, there was no justified reason for the learned Additional Sessions Judge to remand the matter only for hearing on the point of sentence. He himself could have heard and passed an appropriate order in accordance with law. 4. Considering the facts and circumstances of the case, I am of the view that it is a fit case where petitioners should be given the benefit of Probation of Offenders Act. 5. Consequently, the revision petition is partly allowed. The order of the Additional Sessions Judge No. 1, Chittorgarh dated 4.11.2003, so far as it relates to remanding the matter to the Trial Court for passing a fresh order on the point of sentence, is set aside. Instead of sentencing the petitioners namely Madhu S/o Narayan Lal Daroga and Pappu S/o Madhu Daroga, it is directed that they shall be released on probation on each of them furnishing a personal bond in the sum of Rs. 10,000/- to the satisfaction of the trial Court undertaking that they shall undergo the sentence awarded as and when called upon to do so. They shall maintain peace and be of good behaviour for a period of one year.Revision petition partly allowed. *******