IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1177 of 2008 SURESH SAH Versus STATE OF BIHAR ----------- 3 7.11.2008 This revision application has been preferred against the judgment and order dated 23.9.2008 passed by the Additional Sessions Judge, F.T.C.No.3, Sitamarhi in Criminal Appeal No.45 of 2008/21 of 2008 thereby the learned Additional Sessions Judge has partly allowed the appeal but confirmed the conviction and sentence passed against the petitioner under Section 414 of the Indian Penal Code. The leaned Magistrate convicted the petitioner under Section 414 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and also to pay fine of Rs.1000/-. In default of payment of fine the petitioner shall further undergo rigorous imprisonment for six months. Heard learned counsel for the petitioner. Learned counsel for the petitioner pressed this application only on the point of sentence. It is submitted by the learned counsel for the petitioner that the learned Additional Sessions Judge has set aside the order of conviction passed against the petitioner under Sections 25(1-B) A and 26 of arms Act and upheld the conviction only under Section 414 of the Indian Penal Code. The petitioner has already remained in jail custody for one year and nine months. He has been sufficiently punished for the offence alleged to be commuted by the petitioner. Considered the submission of learned counsel for the - 2 - petitioner. Perused the judgements of the courts below. Having regard to the facts and circumstances of the case, I am also of the view that period already undergone by the petitioner in jail is sufficient to meet the ends of justice. Accordingly, the sentence awarded to the petitioner is hereby reduced to the extent of period already undergone by him in jail. In the result, this revision application is dismissed with aforesaid modification in period of sentence. The court below is directed to set the petitioner at liberty at once, if not wanted in any other case. Let this order be sent to the court below through FAX on the cost to be deposited by the petitioner. B.Jha (Ghanshyam Prasad)