IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.908 of 2008 BASHISTH PASWAN Versus STATE OF BIHAR ----------- 2. 29.8.2008. This revision has been preferred against the judgment dated 2nd July,2008 passed by Fast Track Court No.2, Aurangabad in Cr. Appeal No.7 of 2008/20 of 2008 thereby the judgment of conviction and sentence dated 23rd January,2008 passed by Shri Rakesh Mishra, Judicial Magistrate, Ist Class, Aurangabad in Trial No.544 of 2008 has been confirmed. The learned Judicial Magistrate vide impugned judgment has convicted the petitioner under sections 25(I-B)(A) and 26 of the Arms Act and has sentenced him to undergo R.I. for two years with fine of Rs.5,000/- under section 25(I-B)(A) of the Arms Act and R.I. for three years with fine of Rs.5,000/- under section 26 of the Arms Act. The submission of the learned counsel for the petitioner is only that the petitioner is a young person having no criminal antecedent. He was found in possession of only one country made pistol and one cartridge. The court below has wrongly awarded the punishment of two years and three years respectively. It is further submitted that the petitioner has remained in jail custody for about one year, which is sufficient to meet the ends of justice. However, the order of conviction has not been challenged by the learned counsel for the petitioner. - 2 - N.H./ Considered the submission of the learned counsel for the petitioner. Perused the impugned order. On perusal of the impugned order, it appears that the petitioner was found in possession of only one fire arm along with cartridge. He is a young man. He has already remained in jail custody for more than 11 months. In the facts and circumstances, the period already undergone by the petitioner appears to be sufficient to meet the ends of justice. In the result, the sentence awarded by the court below is hereby modified to the period already undergone by the petitioner. Accordingly, this application is allowed with above modification in the sentence only. The petitioner is directed to be released at once if not wanted in any other case. Let this order be sent to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )