Mahendra Poddar Vs. State of Bihar

Mahendra Poddar vs State of Bihar

Disposition Application Dismissed Court Patna Decided Nov 20, 2000

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Citation: sooperkanoon.com/130116
Court: Patna High Court
Judge: Prabhat Kumar Sinha, J.
Decided On: Nov 20, 2000
Case Number: Criminal Revision No. 531 of 1998
Subject: ;Criminal
Disposition: Application Dismissed

Case Summary

AI-generated summary - not the official court judgment text.

Arms Act, 1959 - Sections 25(1B) and 26--Conviction thereunder--Unlawful possession of country-made pistol--Judgment of conviction and order of sentence were upheld by Appellate Authority--Twelve years elapsed since petitioner facing trial--Held, to meet end of justice, sentence under both counts is to be reduced. -

Key legal issue: ;Criminal
Outcome / disposition: Application Dismissed

Parties & Advocates

Appellant / Petitioner

Mahendra Poddar

Respondent

State of Bihar

Excerpt

arms act, 1959 - sections 25(1b) and 26--conviction thereunder--unlawful possession of country-made pistol--judgment of conviction and order of sentence were upheld by appellate authority--twelve years elapsed since petitioner facing trial--held, to meet end of justice, sentence under both counts is to be reduced. - prabhat kumar sinha, j.1. heard learned counsel for the petitioner and learned addl. public prosecutor.2. petitioner after trial was convicted by the learned trial court under section 25(1b) as also under section 26 of the arms act and sentenced to undergo rigorous imprisonment for one year under each count. the petitioner having preferred appeal, the same was decided by learned 6th addl. sessions judge at begusarai vide judgment dated 16.7.1998 in which the appeal was dismissed and the judgment of conviction and the order of sentence were upheld.3. the learned counsel for the petitioner has placed arguments only on sentence and submitted following points:(i) that only a country made pistol, without cartridge, has been recovered from the possession of the petitioner.(ii) it has not been proved that the petitioner was earlier convicted for any criminal offence, not it was brought on the record that he was made accused in other similar cases.(iii) this case had commenced vide fir. dated 7.7.1988 and the learned trial court delivered the judgment on 22.6.1993 and then the learned appellate court entered into judgment on 16.7.1998.4. on the last, ground, it is submitted that it is almost 12 years since this petitioner has been facing this case and in view of the other points urged, he deserves leniency in sentence.5. learned addl. public prosecutor points out that minimum sentence for the aforesaid offence is six months of the imprisonment.6. in view of the points submitted by the learned counsel for the petitioner, in my opinion, the ends of justice would be served if the sentences under both the counts is reduced to six months of r.i., each.7. in view of aforesaid, petitioner mahendra poddar is sentenced to undergo r.i. for six months for the offence under sections 25(1b) of the arms act, 1959 and he is further sentence to undergo r.i. for six months under section 26 of the same act which sentences will run concurrently, as was ordered by the learned lower courts.....

Full Judgment

Prabhat Kumar Sinha, J.

1. Heard learned Counsel for the petitioner and learned Addl. Public Prosecutor.

2. Petitioner after trial was convicted by the learned trial Court under Section 25(1B) as also under Section 26 of the Arms Act and sentenced to undergo rigorous imprisonment for one year under each count. The petitioner having preferred appeal, the same was decided by learned 6th Addl. Sessions Judge at Begusarai vide judgment dated 16.7.1998 in which the appeal was dismissed and the judgment of conviction and the order of sentence were upheld.

3. The learned Counsel for the petitioner has placed arguments only on sentence and submitted following points:

(i) That only a country made pistol, without cartridge, has been recovered from the possession of the petitioner.

(ii) It has not been proved that the petitioner was earlier convicted for any criminal offence, not it was brought on the record that he was made accused in other similar cases.

(iii) This case had commenced vide FIR. dated 7.7.1988 and the learned trial Court delivered the judgment on 22.6.1993 and then the learned appellate Court entered into judgment on 16.7.1998.

4. On the last, ground, it is submitted that it is almost 12 years since this petitioner has been facing this case and in view of the other points urged, he deserves leniency in sentence.

5. Learned Addl. Public Prosecutor points out that minimum sentence for the aforesaid offence is six months of the imprisonment.

6. In view of the points submitted by the learned Counsel for the petitioner, in my opinion, the ends of justice would be served if the sentences under both the counts is reduced to six months of R.I., each.

7. In view of aforesaid, petitioner Mahendra Poddar is sentenced to undergo R.I. for six months for the offence under Sections 25(1B) of the Arms Act, 1959 and he is further sentence to undergo R.I. for six months under Section 26 of the same Act which sentences will run concurrently, as was ordered by the learned lower Courts also. Leaned Counsel for the petitioner submits that the petitioner has already undergone in custody for 23 days. The period already undergone in custody, as under law, will be deducted from the sentence.

8. With the aforesaid modification in the sentence, this revision application is dismissed. Application dismissed.

Same Court & Year Patna · 2000 Same Parties Mahendra Poddar vs State of Bihar Same Subject ;Criminal Same Judge Prabhat Kumar Sinha, J.

;Criminal