Though the learned Advocate appearing for the appellants had sought to challenge the impugned order passed by the High Court maintaining the conviction and the sentence imposed on the appellants, we were not inclined to interfere with the concurrent findings of facts recorded by the three courts below holding the appellants guilty of the offence under Section 379 of Section 34. The learned Advocate for the appellants, however had submitted that the courts below should have considered the case of the appellants for granting them the benefit of releasing them on probation under Section 361 of the Cr.P.C read with Sections 3 and 4 of the Probation of Offenders Act, 1958. We therefore considering the said submission had issued the notice to the respondent-State. Learned Advocate for the respondent State though has filed the reply, has not much resisted to the submission of the learned Advocate for releasing the appellants on probation. Section 3 and 4 of the Probation of Offenders Act empower the courts to release the offenders on probation of good conduct in the cases and circumstances mentioned therein. Similarly, Sections 360 and 361 of the Cr.P.C also empower the courts to release the offenders on probation of good conduct in the cases and circumstances mentioned therein. Hence, having regard tosentence imposed by the courts below on the appellants for the offence under Section 379 read with Section 34 of IPC, and having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct. In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, it is directed that the appellants shall be released on probation of good conduct, on each of the appellants furnishing a personal bond of 25,000/- with surety of the like amount, and on further furnishing an undertaking to keep the peace and good behaviour for a period of three years, to the satisfaction of the concerned trial court.