JUDGMENT 1. - This is criminal revision petition under Section 397 read with Section 401 Criminal Procedure Code. against the judgment dated 23.7.2012 passed by Additional Sessions Judge (Fast Track) No.1, Hanumangarh vide which the judgment and order dated 20.9.2005 passed by the Judicial Magistrate, First Class, Hanumangarh was modified to the extent that sentence of 2 years awarded to the petitioners for offence tinder Section 380 Indian Penal Code and 1 year for the offence under Section 457 Indian Penal Code was reduced to that of 6 months rigorous imprisonment and fine of Rs. 500 for offence under Section 380 Indian Penal Code and 6 months rigorous imprisonment and fine of Rs. 500 for offence under Section 457 Indian Penal Code 2. Learned counsel for the petitioners submitted that the petitioners were shown to be arrested on spot but the recovery was shown from the field and the recovery is only of Gee and soaps, which are the articles of daily use. It is further contended that petitioners have already undergone the imprisonment of 3 months out of 6 months sentence awarded to him. 3. After hearing learned counsel for the parties and going through the orders passed by both the Courts below, it is evident that the said articles were recovered from a place away from the spot where that petitioners were arrested as they had thrown away the articles while running away. In the circumstances, I do not find any error, illegality or perversity in the orders impugned warranting interference in revisional jurisdiction. 4. In view of the above, the order of conviction passed by the trial Court and affirmed by the appellate Court deserves to be upheld. However, taking into account the facts and circumstances of the case as well as the fact that petitioners have already undergone almost three months out of the total sentence of six months, in my considered view, the ends of justice will be met, if the sentence awarded to the petitioners is modified and reduced to the period as having already undergone i.e. 3 months imprisonment. 5. Accordingly, the sentence awarded to the petitioners is modified and reduced to the period as above. In case, the petitioners have undergone 3 months imprisonment, they shall be released forthwith on depositing the fine amount, if not required in any other case.
5. Accordingly, the sentence awarded to the petitioners is modified and reduced to the period as above. In case, the petitioners have undergone 3 months imprisonment, they shall be released forthwith on depositing the fine amount, if not required in any other case. However, in case, they have not completed 3 months, imprisonment, they may be released as and when they complete 3 months imprisonment.The criminal revision petition is disposed of accordingly.Revision partly allowed. *******