IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1267 of 2009 BAIJNATH SINGH son of late Mahangu Singh, resident of vill.-Manjhi Uttar Tole, P.S.-Manjhi, Distt.-Saran-------------------Petitioner. Versus STATE OF BIHAR . ----------- 6. 11.1.2010 Heard the parties. This revision petition is directed against the judgement and order dated 19.5.2009 passed in Criminal Appeal No.34 of 2006 by the Addl. Distt. & Sessions Judge, P.O. Fast Track Court-III, Chapra at Saran whereby the order dated 20.5.2006 passed by the Judicial Magistrate, Ist Class, Saran at Chapra in Trial no.3016 of 2006 arising out of Complaint Case no.C-1679 of 2000 has been confirmed. Petitioner is convicted for using a forged document(agreement to sell deed) in 144 of the Code of Criminal Procedure proceeding which is confirmed by the appellate court also and sentenced for 2 ½ years and fine of Rs.500/- and in default further sentence for simple imprisonment of 7 ½ months. Learned counsel for the petitioner has pressed this application on the point of sentence only. He submits that petitioner is in custody since 18.7.2009 till today. As such, period of custody of the petitioner can be observed sufficient towards his sentence. In my view also, by minimizing the period of sentence, period of custody of the petitioner can be observed sufficient towards his sentence. The discussed and suggested circumstance entitle petitioner for modification on the point of sentence. This revision application is partly allowed on the point of - 2 - sentence by minimizing the period of sentence to the period undergone by the petitioner in custody exonerated from the liability of fine and judgment and order passed by the court below is affirmed for the rest. Petitioner, who is an accused in Trial no.3016 of 2006 arising out of Complaint Case no.C-1679 of 2000, be released from custody, if not wanted in any other case. Let this order be communicated through fax at the cost of the petitioner. Sudip ( Mandhata Singh, J. )