IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.929 of 2008 ASHOK KUMAR GUPTA @ ASHOK MASTER Versus STATE OF BIHAR & ANR ----------- 3. 4.9.2008. This revision has been preferred against the judgment dated 4th July,2008 passed by Sri K.K. Srivastava, Fast Track Court No.IV, Rohtas at Sasaram in Cr. Appeal No.21 of 2008 thereby the judgment of conviction and sentence passed by Sri Rakesh pati Tiwary, Judicial Magistrate, Ist Class, Sasaram dated 29.3.2008 in Trial No.1867 of 2008 has been confirmed. The petitioner has been convicted under section 411 of the I.P.C. and sentenced to undergo R.I. for two and a half years with fine of Rs.5,000/-. This application is heard only on the point of sentence. It is submitted by the learned counsel for the petitioner that the maximum punishment under section 411 of the I.P.C. is only three years. This petitioner has remained in jail custody for about two years. He has been sufficiently punished. This petitioner has no criminal antecedent. - 2 - N.H./ Considered the submission of the learned counsel for the petitioner. Perused the impugned orders. Having regard to the facts and circumstances of the case, I am also of the view that the period already undergone by the petitioner is sufficient to meet the ends of justice. Accordingly, the sentence awarded to the petitioner is hereby modified to the extent of the period already undergone by him. In the result, this application is allowed with above modification in the quantum of sentence. Petitioner is directed to be released at once, if not wanted in any other case. Let this order be communicated to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )