IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.372 of 2011 BHUSHAN SAHANI SON OF LATE MADAN SAHANI, RESIDENT OF VILLAGE- SABALPUR, P.S. SANGRAMPUR, DISTRICT EAST CHAMPARAN …PETITIONER Versus THE STATE OF BIHAR …OPPOSITE PARTY ----------- 02. 25.03.2011 The matter has been listed under the heading „for orders on petition, for consideration of application seeking condonation of delay which is close to 13 months. Having regard to the facts disclosed in the application (I.A.No. 702 of 2011) and submissions made in support thereof, the same is allowed and delay condoned. This Court permitted the petitioner to make submissions on merit of the case to which he agreed. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the judgment and order dated 17.11.2009, passed by learned 7th Addl. Sessions Judge, East Champaran, Motihari on Cr. Appeal No.141 of 2009/09, whereby the appeal preferred by the petitioner stood dismissed and the judgment and order of conviction dated 02.02.2009,passed by learned Judicial Magistrate,1st Class Motihari in Trial No.1659/08 has been affirmed. The trial court upon conclusion of the trial, found him guilty under section 25(1-B)a/26 of the Arms Act and sentenced to undergo R.I. for one year with fine having default clause thereunder. Aggrieved 2 by the aforesaid judgment and order of conviction, the appeal was preferred by the petitioner which was dismissed. Learned counsel for the petitioner draws attention of the Court to the averments made in paragraph 8 of this revision application which reads as under: “That it is stated and submitted that during the investigation the petitioner was arrested on 30- 11.2005 on the alleged date of occurrence and he was released on bail in Cr. Misc. No.17664 of 2006 vide order dated 18-05-2006 and was released on bail on 02-06-2006. Thereafter the petitioner surrendered on 02-02-2009 on the date of trial court judgment and was released on bail on the same day i.e. on 02-02-2009. Thereafter on 24-09-2010 the petitioner was surrendered after the judgment and order 17-11-2009 passed by learned Sri Vijay Kant Mishra, 7th Additional Sessions Judge, East Champaran, Motihari. The petitioner also deposited the fine of Rs.1000/- for each sentence under section 25(1-B)a and 26 of the Arms Act.” Based on aforesaid averments, it is submitted that petitioner has already undergone the period of sentence imposed on him by learned trial court and affirmed by learned lower appellate court. It is submitted that still he has not been released. Learned counsel for the State, on the other hand, submits that if the facts stated in the said paragraph are true, then the trial court is required to take steps for release of the petitioner from jail custody, if not required in any other case. Having regard to the submissions advanced on behalf of the parties, this Court disposes of the application by the following order: Let the trial court verify the averments made in 3 paragraph 8 of the present memo of revision and if it is found, on verification, that he has completed sentence of one (01) year, then the trial court shall direct release of the petitioner from jail custody forthwith, if not required in any other case. Let this order be communicated through fax the cost of which shall be deposited by the petitioner. hr ( Kishore K. Mandal )