IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1019 of 2008 BUDDHAN YADAV @ BHUNESHWAR YADAV @ BHUNESHWAR PRASAD Versus STATE OF BIHAR ----------- 2 12.9.2008 This revision application has been preferred against the judgement dated 13.8.2008 passed by the Additional District and Sessions Judge, Fast Track Court IVth, Gaya in Criminal Appeal No.01 of 2008/179 of 2007 thereby the judgment and order of conviction and sentence dated 30.11.2007 passed by Sri Ram Rang Tiwari, Judicial Magistrate, 1st Class, Gaya in G.R.Case No.1971 of 2006/ Tr .No. 1485 of 2007 has been confirmed. The learned Magistrate vide impugned judgment convicted the petitioner under Section 25(1-b) (a) and 26 of Arms Act and sentenced him to under go rigorous imprisonment for three years and fine of Rs.3000/- for the offence under Section 25(1-b) (a) of the Arms Act and rigorous imprisonment for one year and fine of Rs.1000/- under Section 26 (1) of Arms Act. The sentences were directed to run concurrently. This application is heard only on the point of sentence . Submission of learned counsel for the petitioner is that the petitioner has no criminal antecedent. He has remained in jail custody for more than two years. He is in jail custody since the date of occurrence i.e. 19.8.2006. The minimum sentence prescribed under the foresaid provisions is only one year. Considered the submission of learned counsel for the petitioner and perused the impugned judgment. - 2 - Having regard to the facts and circumstances of the case, I am of the view that the period of sentence already undergone by the petitioner is sufficient to meet the ends of justice. Accordingly, the sentence awarded to the petitioner is modified to the extent of period already undergone . The petitioner is directed to be released forthwith, if not wanted in any other case. In the result, this application is dismissed with the aforesaid modification in sentence. Let a copy of this order be sent to the court below forthwith through FAX on the cost to be deposited by the petitioner. B.Jha (Ghanshyam Prasad)