IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.999 of 2010 HARENDRA SHARMA …Petitioner Versus STATE OF BIHAR …Opposite party For the Petitioner :Mr.Shailendra Kr. Singh For the State :Mr. Abhay Kumar, APP ----------- I. A. No.1358 of 2010 04. 20.08.2010 Learned counsel for the petitioner presses the present application which has been filed under section 5 of the Limitation Act seeking condonation of delay. For the reasons disclosed in the petition(I.A.No.1358 of 2010) and submissions made in support thereof, the same is allowed and delay is condoned. Petitioner was tried and convicted for offence(s) punishable under sections 25(1-A),25(1-b)a and 26(1) of the Arms Act by the learned trial court in Trial No.577/07 arising out of Nokha P.S.Case No.49 of 2007. The appeal preferred by the petitioner was partly allowed. Learned appellate court on re-scanning of evidence on recorded acquitted the petitioner of charge(s) punishable under section 25(1-A) and 26(1) of the Arms Act. His conviction, however, recorded under section 25(1-b)a to undergo R.I. for three years was maintained. It is stated that the occurrence had taken place sometime in the year 2007 and the trial consumed close to three years. Learned counsel submits that petitioner has already remained in custody for three years. In this regard, he draws 2 attention of the Court to paragraph 16 of the trial court judgment which reads thus: “Sole accused Harendra Sharma is in jail custody in this case since 17.03.07.” Learned APP does not dispute the aforesaid position. In that view of the matter, the conviction and sentence recorded under section 25(1-b)a is reduced to the period already undergone by him. The trial court is directed to release him forthwith from jail custody, if not required in any other case. With the aforesaid observations/directions the application is disposed of. Office is directed to transmit a copy of this order immediately. hr ( Kishore K. Mandal )