IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1277 of 2008 MD. NAZIM @ DABLU Versus STATE OF BIHAR ----------- 3. 28.11.2008. This revision has been preferred against the judgment and order dated 8th September,2008 passed by 3rd Additional Sessions Judge, patna in Cr. Appeal No.290 of 2007 thereby the learned Additional Sessions Judge has confirmed the judgment of conviction and sentence dated 25.5.2007 passed by Shri V.K. Choudhary, Judicial Magistrate, Patna in Trial No.3405 of 2007 with certain modification. The learned Magistrate vide aforesaid judgment convicted the petitioner under sections 25(1-B)a and 26 of the Arms Act as well as under section 414 of the I.P.C. and sentenced him to undergo R.I. for three years under all the three sections. However, all the sentences have been directed to run concurrently. In appeal, the learned Additional Sessions Judge set aside the conviction of the petitioner recorded under section 414 of the I.P.C. and also reduced the sentence of the petitioner recorded under section 25(1-B)a and 26 of the Arms Act to the extent of R.I. for two years under both the sections with a fine of Rs.1,000/- and in default to further undergo S.I. for three months. Heard the learned counsel for the parties. The learned counsel for the petitioner presses this revision only on the point of sentence. It is submitted that the petitioner has already remained in - 2 - N.H./ jail custody for about two years i.e. one year and ten months. The single fire arm was recovered from possession of this petitioner with only three cartridges. Considered the submission of the learned counsel for the petitioner. Perused the judgment of both the courts. Having regard to the facts and circumstances of the case, I am of the view that the period already undergone i.e. one year and ten months is sufficient to meet the ends of justice. Accordingly, while confirming the sentence recorded by the learned Additional Sessions Judge under sections 25(1-B)a and 26 of the Arms Act, the sentence awarded to him is hereby modified to the extent of the period already undergone which is sufficient to meet the ends of justice. Accordingly, this application is dismissed with above modification in the sentence. The petitioner is directed to be released at once if not wanted in any other case. Let this order be communicated to the court below through fax on cost being deposited by the petitioner. f( Ghanshyam Prasad )