Anil vs State of Madhya Pradesh

N.K. Gupta, J.—Vide judgment dated 16.4.2013 passed by the learned Special Railway Magistrate, Khandwa in criminal case No. 1/2013, the applicant was convicted for offence punishable u/s 25(1-B)(a) of Arms Act and sentenced with rigorous imprisonment for 18 months with fine of Rs. 150/-. In criminal appeal No. 128/2013, the learned Sessions Judge, Khandwa vide judgment dated 25.5.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

The prosecution''s case, in short, is that, on 10.11.2012, the applicant was found in front of gate of Police Station G.R.P. Khandwa. When he was called by Head Constable Shrilal Padariya then, the applicant hesitated to answer the call. On search, 5 country made pistols were found in the bag of the applicant and therefore, after due investigation, a charge-sheet was filed.

The applicant abjured his guilt. He did not take any specific plea and therefore, no defence evidence was adduced.

After considering the prosecution''s evidence, the learned Special Railway Magistrate convicted and sentenced the applicant as mentioned above, whereas appeal filed by the applicant was dismissed in toto.

I have heard the learned counsel for the parties.

Learned counsel for the applicant submits that the entire jail sentence of the applicant is almost complete. He is detained in the custody because he could not deposit the fine amount. It is true that the applicant is in custody since his date of arrest i.e. 10.11.2012 and therefore, his entire jail sentence shall be completed within this week. The applicant was the first offender and he has already undergone almost entire jail sentence directed by the trial Court. Under such circumstances, it is a good case, in which the jail sentence of the applicant may be reduced to the period for which he remained in the custody and fine amount imposed upon him may be removed or default sentence may be reduced.

On the basis of the aforesaid discussion, the revision filed by the applicant is hereby partly allowed. Conviction directed against the applicant for offence punishable u/s 25(1-B)(a) of Arms Act is hereby maintained but, his sentence is reduced to the period for which he remained in the custody and fine amount imposed upon the applicant is also hereby removed.

The applicant is in jail and therefore, office is directed to arrange for issuance of supersession warrant, so that the applicant may be released from the jail without any delay.

A copy of the order be sent to both the Courts below along with their records for information and compliance.