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MANOJ KUMAR GARG
Iraq Khan – Appellant
Versus
State, Through PP – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 16.03.2020 passed by learned Additional Sessions Judge, Suratgarh, District Sri Ganganagar (hereinafter referred to as 'the appellate court') in Criminal Appeal No.16/2020 (CIS No.16/2020) by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 14.02.2020 passed by the learned Additional Chief Metropolitan Magistrate, Suratgarh, District Sri Ganganagar (hereinafter referred to as 'the trial court') in Criminal Case No.590/2008, whereby, the learned trial court convicted the petitioner for offence under Section 3/25(1-B)(A) of Arms Act and sentenced him to undergo one year's R.I. and imposed a fine of Rs. 1,000/- and in default of payment of fine, to further undergo one month's R.I.
2. Brief facts of the case are that on 24.08.2008, Taresem Ram, ASI, PS Suratgarh Sadar prepared a recovery memo alleging therein that during patrolling, he caught a person, who disclosed his name as Iraq Khan (present petitioner). On search, a country made pistol was recovered from the petitioner without any licenc
The court can reduce a sentence based on the time already served and the circumstances surrounding the case, even when upholding a conviction.
The court affirmed the conviction but modified the sentence to the time already served, emphasizing the right to a speedy trial and the hardships faced by the petitioner.
The court may reduce the minimum sentence under the Arms Act for adequate reasons, considering the offender's age and rehabilitation potential.
The court can reduce sentences for offenses under the Arms Act when a prolonged trial has occurred and the accused have already served part of their sentence.
The court emphasized the importance of considering the duration of custody when granting bail, alongside the evaluation of evidence and procedural fairness in criminal convictions.
The court may reduce a sentence to the period already undergone considering the time served and circumstances of the case.
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