IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.823 of 2008 LATIF MIYAN Versus THE STATE OF BIHAR ----------- 2. 13.8.2008. This application has been filed for setting aside the judgment dated 11.6.2008 passed by Shri S.K. Srivastav, Ist Additional Sessions Judge, Banka in Cr.Appeal No.14 of 2007 thereby he has dismissed the appeal and confirmed the judgment of conviction of sentence dated 12.2.2007 passed by Shri Brajesh Narayan Mishra, Judicial Magistrate, Ist Class, Banka in G.R.No.162 of 1997/T.R. No.17 of 2007. The learned Magistrate vide the aforesaid judgment dated 12.2.2007 has convicted the petitioner under sections 25(1-B) and 26 of the Arms Act and sentenced him to undergo R.I. for three years and pay fine of Rs.2,000/- under section 25(1-B) and R.I. for one year and pay fine of Rs.1,000/- under section 26 of the Arms Act. In case of default, he is directed to further undergo R.I. for three months. However, both the sentences have been directed to run concurrently. Heard the learned counsel for the petitioner. The learned counsel for the petitioner submits that the petitioner has already remained in - 2 - N.H./ jail custody for more than two years. The minimum sentence provided under section 25(1-B) of the Arms Act is only one year whereas the minimum sentence provided under section 27 is only six months. It is further submitted that the petitioner has no criminal antecedent. He was found only one unlicensed loaded pistol. Considered the submission of the learned counsel for the petitioner. Perused the impugned judgment as well as facts and circumstances of the case. It appears that the petitioner has already suffered sufficient punishment for the offence committed by him by being in jail custody for about two years. Accordingly, this application is allowed in part at admission stage. The sentence awarded to the petitioner is hereby modified to the extent period already undergone by him. The petitioner is directed to be released at once if not wanted in any other case. Let this order be communicated to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad ) - 3 -