IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.852 of 2008 AMARJEET PASWAN @ AMARDEEP PASWAN Versus THE STATE OF BIHAR ----------- 2. 19.8.2008. This revision has been preferred against the judgment dated 10th July,2008 passed by Fast Track Court-II, Gaya in Cr. Appeal No.8 of 2008/65 of 2008 thereby the order of conviction and sentence dated 17th March,2008 passed by Shri D.S. Srivastava, Judicial Magistrate Ist Class,Gaya in G.R. Case No.2599 of 2006/Tr. No.1186 of 2008 has been confirmed. The learned Magistrate has convicted the petitioner under sections 25(1B)a, 26 and 35 of the Arms Act and sentenced him along with three others to undergo R.I. for two years under sections 25(1B)a/35 of the Arms Act and pay fine of Rs.2,000/-. The learned Magistrate has further sentenced him to undergo R.I. for one year under section 26 of the Arms Act and pay fine of Rs.1,000/-. In default to pay the fine, he has further been directed to undergo S.I. for two months. Heard the learned counsel for the petitioner. In course of the submission, the learned counsel for the petitioner has submitted only on point of sentence. It has been submitted that the petitioner has already remained in jail custody for about 21 months. This petitioner has no criminal antecedent. Accordingly, prayer is made to modify the sentence of the petitioner to 2 N.H./ the extent of the period already undergone. Considered the submission of the learned counsel for the petitioner. Perused the judgment of both the courts. So far the conviction of the petitioner under different sections of Arms Act is concerned, there is concurrent finding. I find no ground for interference in the judgment of conviction. However, it appears that the sentence awarded to the petitioner requires modification. He has also remained in jail custody for 21 months. In the facts and circumstances, the sentence awarded to the petitioner is hereby modified to the extent of the period already undergone in jail custody. With this modification in the sentence, this application stands dismissed. The petitioner is directed to be released at once if not wanted in any other case. Let a copy of this order be transmitted to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )