IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1928 of 2009 BRAJ BHUSHAN RAI Versus STATE OF BIHAR ----------- 3 27.01.2010 Heard learned counsel for the parties. In brief the petitioner is alleged for taking Rs. 27,000/- from the informant assuring delivery of rupees one lac for construction of house as an employee of M/s Tapowan Finance Agency, has been convicted under sections 419, 420 and 406 IPC by the trial court, that is, Sri Samaya Nath Srivastava, Judicial Magistrate, 1st Class, Begusarai in G.R.Case No. 730 of 1995/Tr. No. 279 of 2002 and sentenced to undergo R.I. for one year for each offence with a direction to serve out sentences concurrently, against which the petitioner preferred appeal vide Cr. Appeal no. 35 of 2002 which was dismissed by Sri Daya Shankar Tiwari, Additional Sessions Judge-IV, Begusarai and confirmed the judgment of conviction and order of sentence. Submission of learned counsel for the petitioner is that though evidence was lacking in the case about the petitioner being employee of M/s Tapowan Finance Agency and payment of money even then petitioner is not controverting the conviction and centralizes himself on the point of sentence but taking the laches for liberal view on the point of sentence which has been awarded to undergo R.I. for one year but petitioner remained in custody from 13.4.1995 to 27.4.1995 and from 7.12.2009 till today. Circumstances submitted on behalf of the petitioner entitles the petitioner for liberal view on the point of sentence. In the result, this revision application is partly allowed on the point of sentence. The period of sentence is modified by minimizing to the period already undergone by the petitioner. Let the lower court record be sent down to the court below forthwith. Let this order be communicated to the aforesaid court below through fax at the cost of the petitioner. AI (Mandhata Singh,J.)