IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.886 of 2008 LALBAHADUR SAH Versus THE STATE OF BIHAR ----------- 2 26.8.2008 This revision application has been preferred against the judgment and order dated 4.7.2008 passed by Fast Track Court No.V, Khagaria in Criminal Appeal No.16/2006 thereby the learned Fast Track Court has confirmed the judgment of conviction and sentence dated 30.6.2006 passed by the Sub-divisional Judicial Magistrate, Khagaria in Trial No.1346/06. The learned Sub-divisional Judicial Magistrate has convicted the petitioner under Section 25(1-B)A/26 of Arms Act and sentenced him to undergo rigorous imprisonment for one year and pay a fine of Rs.500/- under Section 25(1-B_ A of the Arms Act and rigorous imprisonment for six months and fine of Rs.500/-under Section 26 of Arms Act. Both sentences were directed to run concurrently. Heard leaned counsel for the petitioner and the State. Learned counsel for the petitioner did not dispute the order of conviction. However, it is submitted that in the facts and circumstances the sentence awarded to the petitioner requires to be modified. It is further submitted that this is a case of the year 1999 and at that very time the petitioner was aged about eighteen years. He has no criminal antecedent. The cartridges alleged to be recovered from the possession of this petitioner were not found effective. Considered the submission of learned counsel for the - 2 - petitioner and perused the impugned judgments and order. This case is of the year 1999. At the time of delivery of judgement the age of the petitioner was assessed as twenty five years. The petitioner has no criminal antecedent. Section 25 of Arms Act provided minimum punishment of one year with fine. However, for special reasons the sentence of imprisonment less than of one year can also be awarded. In the facts and circumstances of the case, this Court is of the view that sentence awarded to the petitioners needs interference. The petitioner has already remained in jail custody for about seven months which is sufficient to meet the ends of justice. Accordingly, the sentence awarded to the petitioner is modified to the extent of period already undergone by the petitioner. In the result, this revision application is dismissed with above modification in sentence. 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 the cost to be deposited by the petitioner. B.Jha (Ghanshyam Prasad)