IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1062 of 2008 LAXMAN SAHNI Versus THE STATE OF BIHAR ----------- 4 8.12.2008 This revision application has been preferred against the judgment and order dated 17.6.2008 passed by Additional District and Sessions Judge/ Fast Track Court No. IV, Katihar in Criminal Appeal No. 58/96 thereby the Additional Sessions Judge has confirmed the conviction and sentence of the petitioner passed by Sri Anil Kumar Srivastava, Judicial Magistrate, 1st Class, Katihar dated 3.7.1996 in G.R.Case No. 127/95, Trial No. 523/96. It appears that the learned Magistrate has convicted the petitioner under Section 25(1-a) of Arms Act and sentenced him to undergo rigorous imprisonment for three years with fine of Rs.3000/- (three thousand). Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner presses this application only on the point of sentence. It is submitted that this is a case of the year 1995. The petitioner has already suffered mental agony for more than thirteen years. He has no criminal antecedent. Arms were not recovered from the conscious possession of this petitioner. Considered the submission of learned counsel for the petitioner. Perused the impugned judgment of both the courts. This is a case of the year 1995. The petitioner has already remained in jail custody for more than 25 months. He has no criminal - 2 - antecedent. Thus, having regard to the facts and circumstances of the case, while affirming the order of conviction; the sentence awarded t the petitioner is hereby modified to the extent of the period already undergone i.e. 25 months, which is sufficient to meet the ends of justice. This application is dismissed with the modification in sentence as indicated above. The petitioner is directed to be released at once, if not wanted in any other case. Let this order be sent to the court below through FAX on the cost to be deposited by the petitioner. B.Jha (Ghanshyam Prasad)