JUDGMENT 1. - Albeit the matter is posted for orders on application for suspension of 1 the impugned sentence but at joint request, it is being heard for final disposal of revision petition, itself. 2. After having argued at some length, at the outset, Shri Rohan Jain learned counsel for accused petitioner fairly conceded not to assail the 5 impugned conviction U/s. 3/25 of the Arms Act, held by trial Court (ACJM Railways, Kota) in its judgment dated 10.12.03 in Cr. Case No. 2311/03, and duly affirmed by appellate court (in jail) App. No. 3/04). However, he urged that a lenient view be taken and the impugned sentence be reduced to the term already undergone, because he has been in police custody from 18.4.03 to 1 23.4.03 and then in judicial custody since 23.4.03 till date. 3. The learned Public Prosecutor opposed to the reduction of sentence and he contended that from the material on record, the petitioner has been wanted in some other criminal cases in other States, and thus reiterated the contentions as advanced before the appellate court below. 1 4. Having heard both the parties and considered their rival contentions, and evidence on record, besides concurrent findings of facts recorded by two courts below as to guilt proved against the petitioner, I do not disturb the same in exercise of revisional jurisdiction, as there is no material irregularity or illegality causing miscarriage of justice, in concurrent findings recorded in 2 impugned orders. 5. Be that as it may, the petitioner has been in custody since 18.4.03 and has already served out substantial part of his sentence of two years' SI awarded by trial court and upheld by the appellate court, i.e. for about one year and three & half months, inasmuch as he is already wanted in other ; criminal cases pending against him, therefore, in the interest of justice his impugned sentence is reduced to the term of already undergone. 6. Consequently, this revision petition is partly allowed while affirming the impugned conviction u/s. 3/25 Arms Act, but his sentence under the impugned judgments is reduced to the term already undergone by the petitioner. The petitioner is in jail. He be released forthwith, if not wanted in any other criminal case. To the above extent, the impugned judgments stand modified. The record of courts below be returned back forthwith. 7.
The petitioner is in jail. He be released forthwith, if not wanted in any other criminal case. To the above extent, the impugned judgments stand modified. The record of courts below be returned back forthwith. 7. As a result of the above, application for suspension No. 88/04 does not survive and it stands dismissed.Revision partly accepted. *******