Md. Mubarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.298 of 2015 Arising Out of PS.Case No. -11 Year- 2007 Thana -null District- PURNIA ===========================================================

1. Md. Mubarak Son of Late Md. Siddique resident of village - Sheikhpura, Police Station - Bhawanipur in the district of Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Respondent/s : Mr. Parmanand Prasad, APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 09-11-2015 The Petitioner seeks revision of the judgment of conviction dated 7.5.2012 passed by the Additional Sessions Judge, F.T.C. 1st, Purnea in Criminal Appeal No.66 of 2011 (Trial No.09 of 2011), 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/-, in default of which simple imprisonment for another three months passed on 29.9.2011 by the Judicial Magistrate, 1st class, Purnea in G.R. No.186 of 2007 (Trial No.1448 of 2011) arising out of Rupouli P.S. case No.11 of 2007. Having considered the impugned judgment, I do not find any merit in the revision. However, considering that the Petitioner has remained in custody for about 16 months, the sentence is modified to

Patna High Court CR. REV. No.298 of 2015 dt.09-11-2015 2/2 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