IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1393 of 2010 MD. OBAID @ MD. OWAID …PETITIONER Versus STATE OF BIHAR …OPPOSITE PARTY ----------- 02. 27.09.2010 Heard counsel for the parties. Petitioner assails the appellate order by which his conviction under section 392 IPC has been affirmed. Learned trial court by judgment and order dated 25.05.2006 passed in Tr.No.1506/2006 convicted him under section 392 IPC and sentenced to undergo R.I. for two years with fine having default clause. Learned appellate court has re-scanned the evidence and found that finding of guilt has correctly been recorded against him. Learned counsel for the petitioner draws attention of the court to the averments made in paragraph 11 and submits that during the pendency of the trial and appeal, the petitioner remained in custody for over 22 months. For filing the present application, he surrendered on 31.08.2010 and since then he is in custody. It is thus contended that petitioner has remained in custody for more than 22 months. Learned counsel for the State, on a perusal of memo of revision, does not dispute the aforesaid statements made by learned counsel for the petitioner. It appears that petitioner was found aged about 32 years at the time of recording his conviction. A submission was 2 also advanced that petitioner is the bread earner and has to support the small children in the family. Having regard to all these facts appearing from records, the sentence so imposed by the court below under section 392 IPC is modified and reduced to the period already undergone by the petitioner. He shall be released from the jail custody forthwith, if not required in any other case. With the aforesaid modification in sentence and the directions, the application is disposed of. hr ( Kishore K. Mandal )