Patna High CourtCR. REV./808/2015dismissed

Md. Haidar Ali v. The State Of Bihar

2016-02-08Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.808 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- SAHARSA ===========================================================

1. Md. Haidar Ali Son of Md. Rasl @ Md. Sulam RAsul Resident of MohallaIslamia Chowk, Gangjala, P.S. & District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Respondent/s : Mr. Umesha Nand Pandit, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 08-02-2016 The Petitioner seeks revision of the judgment of conviction dated 22.6.2015 passed by the 2nd Additional Sessions Judge, Saharsa in Criminal Appeal No.9 of 2013, by which he has upheld the conviction of the Petitioner under the provisions of arms Act and maintained the sentence of 3 years R.I. and fine of Rs.5000/- u/s.25(1-B)a of Arms Act, in default of which S.I. for three months and also 3 years R.I. and fine of Rs.5000/ u/s.26(i) of Arms Act, in default of which S.I. for three months, by judgment dated 28.1.2013 passed by the court of Sri Ashutosh Kumar, Judicial Magistrate, 1st class, Saharsa in Saharsa Sadar P.S. case No.585 of 2009 (G.R. No.2009 of 2009).

Having perused the impugned judgment, I do not find

Patna High Court CR. REV. No.808 of 2015 dt.08-02-2016 2/2 any reason for interference. However, considering the period of custody of the Petitioner, the sentence is modified to the period already undergone by him. However, he is required to deposit the fine as directed by the Court below within a period of eight weeks from the date of receipt of this order, failing which he shall be sentenced to imprisonment as directed by the court below.

With the aforesaid modification in sentence, the revision application stands dismissed.

(Anjana Prakash, J) Narendra/- U T