ORDER :

1. Heard Mr. A.K. Sahani, the learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Shekhar Sinha, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. This criminal revision application has been filed against the Judgment dated 04.09.2012 passed by the learned Additional Sessions Judge-II, Bokaro in Criminal Appeal No. 21 of 2010 whereby and whereunder the appellate court upheld the conviction and sentence of the petitioner under Section 409 of the Indian Penal Code passed by the learned trial court and dismissed the criminal appeal.

4. The learned trial court, vide Judgment of conviction and the order of sentence 30.03.2010 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G.R. No. 1674 of 1998/T.R. No. 544 of 2010 (arising out of Herla P.S. Case No. 129/1998 dated 16.12.1998), had convicted the petitioner under Section 409 of the Indian Penal Code and had sentenced him to undergo Rigorous imprisonment for three years with fine of Rs. 1000/- and in default of payment of fine, to undergo Simple Imprisonment for one month and had directed that the period of custody undergone during investigation and trial shall be set off from the p