IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1108 of 2011 Shiv Shankar Singh @ Ballu Singh son of Sita Ram Singh R/o village Katara Baradari, P.S. Bhagwan Bazar, Dist.Saran ……..Petitioner. Versus The State of Bihar ………………………Opposite Party. ---------------------------------- 3 17.10.2011 Heard learned counsel for the petitioner and learned counsel for the State. The accused petitioner has preferred this revision application against the judgment and order dated 22.7.2011 passed by the learned Ist Additional Sessions Judge, Saran in Cri. Appeal No. 4 of 2010 by which the judgment and order dated 4.2.2010 passed by the Chief Judicial Magistrate in Trial No. 17 of 2010 arising out of Bhagwan Bazaar P.S. Case no. 3 of 1990 has been confirmed and the appeal has been dismissed. Learned counsel for the petitioner submits that this case has been listed for considering the bail matter of the petitioner. He has submitted that this case can be disposed of at this stage as the occurrence has taken place in the year 1990 and no useful purpose will be served by keeping this case pending. The L.C.R. of this case has been received. Learned counsel for the State has no objection Prosecution case, in brief, is that on 4.1.1990 an altercation took place between Rama Devi sister of the informant and Sitaram Singh. The informant asked Sitaram Singh as to why he was quarreling with his sister. Thereafter Sitaram Singh gave an ax blow to the informant causing him injury and his son Manoj Singh and Bablu Singh @ Shiv Shankar Singh (petitioner) 2 assaulted the father and brother of the informant when they came to rescue him. On the fardbeyan of the informant the case was instituted as Bhagwan Bazar P.S. Case No. 3 of 1990 against the accused including the petitioner. After investigation charge sheet was submitted and cognizance was taken and after trial the petitioner was convicted and sentenced to R.I. for two years under section 325 of the I.P.C. and other accused persons were acquitted. The petitioner preferred Cri. Appeal No. 4 of 2010 against the aforesaid order dated 4.2.2010. The appeal was dismissed vide order dated 22.7.2011. Learned counsel for the petitioner has submitted that the occurrence has taken place on 4.1.1990 and the petitioner has been suffering from mental agony for more than twenty years. he has also been in custody for more than nine months. Learned counsel for the petitioner further submitted that it is a fit case in which the sentence could be modified. Learned counsel for the State could not controvert the contention of the petitioner while opposing his bail. After haring the learned counsel for both the parties and on perusal of materials on record it appears that the contention of the learned counsel for the petitioner is correct. The occurrence has taken place on 4.1.1990 more than twenty years have passed the petitioner has been suffering from mental agony. He has been in custody for more than nine months. In my opinion, it is a fit case in which the sentence of the petitioner could be modified. Accordingly the sentence of the petitioner is reduced to the period 3 already undergone by him in custody. The trial court is directed to release the petitioner from custody if he is not wanted in any other case. With this modification in sentence the revision application stands disposed of. Let the order be communicated to the Chief Judicial Magistrate, Saran, Chapra in Tr. No. 17 of 2010 at the cost of the petitioner. M.Rahman (Amaresh Kumar Lal, J)