IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.707 of 2009 SANJAY RAM Versus STATE OF BIHAR ----------- 7 16.9.2009 This revision application is directed against the judgment and order dated 6.12.2008 passed by Sri Ramdeo Singh, Additional Sessions Judge, F.T.C.-5, Kaimur at Bhabua in Cr.Appeal no. 44 of 2006/30 of 2006 affirming the judgment and order dated 9.11.2006 passed by Shri Om Prakash Singh, Judicial Magistrate, 1st Class, Bhabua (Kaimur) in G.R.No. 270/05, Tr.No.1255/06 arising out of Bhabua P.S.Case No. 69/05 whereby the petitioner has been convicted under sections 25(1-B) and 26 of the Arms Act and sentenced to R.I. for two years each separately and also a fine of Rs.500/-. The order of conviction under section 26 of the Arms Act is not controverted on the ground that the sentence under sections 25(i)(b) and 26 of the Arms Act is ordered to be run concurrently. Further submission of learned counsel is to minimise the sentence to the period undergone by the petitioner as it may also meet the ends of justice though - 2 - illegalities are committed by the trial court as well as by the appellate court in reaching the conviction also. On the point of sentence it is submitted that the petitioner remained in custody for eight months in course of trial and while the revision was filed, he surrendered and was sent to custody on 17.3.2009, since then he is in custody. So, more than 14 months have elapsed now only for his having a loaded country made pistol along with cartridge. I agree with the submission made on behalf of learned counsel for the petitioner that the period already undergone by the petitioner is sufficient towards sentence. With such modification in sentence only, this revision petition is dismissed and conviction and sentence passed by both the courts below dated 6.12.2008 and 9.11.2006 are affirmed. Petitioner is in custody, so he is ordered to be released at once after deposit of fine, as imposed by the trial court, but that is minimized for a single conviction. It is further made clear that fine of Rs. 500/- for - 3 - the offence under section 25(i)(b) of the Arms Act will be realised. Let this order be communicated to the court below through fax at the cost of the petitioner. (Mandhata Singh,J.) AI