IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.486 of 2010 1. RAMESH KUMAR, S/o Sri Dinesh Prasad Yadav, R/o Vill.Rupaspur, P.O. Sahai Nagar (Phulwari), P.S. Danapur, Dist. Patna 2. Bhagwan Singh, S/o Sri Laldeo Singh, R/o Moh. D.V.C. Colony, Jakkanpur, P.S. Jakkanpur, Dist. Patna. Versus 1. The STATE OF BIHAR 2. Smt. Neelam Kumari W/o Dr. Narendra Kumar Singh, R/o Moh. Ben Nagar, P.S. Karakat, Dist. Patna. ----------- 4/ 14.05.2010 Heard learned counsel for the petitioners and learned counsel for the Opposite Parties. This revision application is filed against the Judgment and Order dated 26.09.2009 passed by the Additional District and Sessions Judge, F.T.C. V, Patna in Cr. Appeal No. 51 of 1997 as well as the order dated 25.02.1997 passed by the S.D.J.M., Patna in Complaint Case No. 116 (c) of 1992, Tr. No. 421 of 1997. Sentence is stressed referring the allegation levelled against the petitioners quite of civil in nature and that is to the effect that Rs. 15,000/- was paid by the complainant for execution of sale-deed which the petitioner did not comply by executing sale deed. Conviction in itself was not justified even then that is reached and sentence is awarded also for a period of two years which never can be justified. Petitioners are in custody since 30.03.2010. If that is observed 2 sufficient towards punishment that will also solve the purpose to meet the ends of justice. I agree with the submission of the learned counsel for the petitioners. Accordingly, the revision application is partly allowed on the point of sentence which is modified and minimized to the period undergone and the above named petitioners are directed to be released forthwith after depositing of fine, if not wanted in any other case. Rest of the Judgment and order dated 26.09.2009 passed by the Additional Sessions Judge, F.T.C. V, Patna in Cr. Appeal No. 51 of 1997 as well as the order dated 25.02.1997 passed by the S.D.J.M., Patna in Complaint Case No. 116 (c) of 1992, Tr. No. 421 of 1997 are hereby affirmed. Shail ( Mandhata Singh, J.)