IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.201 of 2007 VIJAY KUMAR YADAV Versus STATE OF BIHAR ----------- 8. 3.9.2008. This Cr. Revision has been filed against the judgment dated 24.11.2006 passed by Additional District & Sessions Judge (F.T.C.III), Darbhanga in Criminal Appeal No. 50 of 2006 thereby he has confirmed the judgment of conviction and order of sentence dated 14.7.2006 passed by S.D.J.M., Darbhanga in T. R. No. 1919 of 2006/ G.R. No. 51/05. Learned SDJM convicted the petitioner under Section 25(1- b)(a) and 26(1) of the Arms Act and sentenced him to undergo simple imprisonment for two years with a fine of Rs.2000/- under Section 25(1-b)(a) and simple imprisonment for two and a half years with a fine of Rs.2000/- under Section 26(1) of the Arms Act. Both the sentences were directed to run concurrently. As per order dated 13.2.2007 this application has to be considered on the point of sentence only. Learned counsel for the petitioner submitted that the petitioner has already remained in jail custody for more than one and a half years. The minimum punishment under Section 25 of the Arms Act is only one year and under section 26 of the Arms Act is six months. Actually no arm was recovered from the physical possession of the petitioner. It was recovered on the basis of alleged confessional statement. Not a single witness supported the fact of recovery in course of trial. - 2 - Considered the submission of learned counsel for the petitioner as well as the facts and circumstances. Under the facts and circumstances, it appears to me that sentence awarded to the petitioner is excessive which requires interference. The petitioner has already remained in jail custody in this case for more than one and a half years. The period already undergone by the petitioner is sufficient to meet the ends of justice. Accordingly. This Cr. Revision is allowed with modification in the sentence to the above extent. The sentence awarded to the petitioner is modified to the extent of the period already undergone by him in jail custody. Petitioner is directed to be released forthwith, if not warranted in any other case. Let this order be sent to the court below through fax on the cost of the petitioner. kanchan (Ghanshyam Prasad, J.)