IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.767 of 2009 SURENDRA KUMAR Versus THE STATE OF BIHAR ----------- 3. 01.07.2009 Heard counsel for the parties. Rule limited to question of sentence. The learned APP waives notice. With the consent of the parties, this revision application is being disposed of at this stage itself. The petitioner has been held guilty under sections 409 and 420 IPC and sentenced to undergo R.I. for two years under each count. The petitioner being aggrieved by the judgment and order of conviction, preferred an appeal being Cr. Appeal No.135/1998/ 8/2006 which was dismissed. It is contended that the alleged offence was committed on 8.9.1987. The first conviction was recorded by the learned trial court on 17.11.1998. The appellate court by the impugned order dated 12.2.2009 has affirmed the same without modification in sentence. Learned counsel for the petitioner, on instruction, submitted that for the alleged offence, he was proceeded against departmentally as well and has been dismissed from service. It is further contended that he has fought the litigation since 1987. The prolonged litigation and reeling under threat to be convicted by a court - 2 - of law, in the submission of the counsel for the petitioner, is itself a punishment which needs consideration while imposing appropriate sentence. This Court finds adequate force in the submission. Imposition of sentence is a sensitive exercise where all relevant factors should be taken into consideration. Taking into consideration the facts and circumstances of the case, this Court is of the view that following sentence shall subserve the cause of justice: The petitioner is sentenced to undergo R.I. for six months under both counts for which he is held guilty and is also imposed a fine of Rs.1000/-( one thousand), in default whereof, he shall undergo further S.I. for 15 days. At this stage, counsel for the petitioner submits that he continued to remain in jail custody after conviction since 24.4.2009. Under the circumstances, the period already undergone by him shall be adjusted towards the sentence. With this modification in sentence, the application is disposed of. hr ( Kishore K. Mandal )