1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Rev. No. 998 of 2023 with I.A. No. 7995 of 2024 1. Anwar Iqbal @ Md. Anwal Eqbal, aged about 41 years, S/o Amiruddin, R/o Naya Bazar, P.O. & P.S.- Barharwa, District – Sahibganj, Jharkhand. 2. Jai Prakesh Sah, aged about 66 years, S/o late Heera Lal Sah, R/o Patha Chowk, Dharampur, P.O. & P.S.- Ranga, District – Sahibganj, Jharkhand. … … Petitioners Versus The State of Jharkhand. … … Opp. Party --- CORAM :HON'BLE DR. JUSTICE S. N. PATHAK --- For the Petitioners : Mr. Sudhanshu Shekhar Choudhary, Advocate Mr. Aman Shekhar, Advocate For the Opp. Party : Mr. Sailesh Kumar Sinha, A.P.P --- 07/09th January 2025 1. Heard the learned counsel for the parties. 2. The present criminal revision application has been filed against the judgment dated 26.06.2023 in Cr. Appeal No. 37 of 2018 passed by Additional Sessions Judge -1st Class, Sahibganj, whereby and whereunder the learned appellate Court modified the sentence to undergo rigorous imprisonment for one year without fine and affirmed the conviction order dated 17.03.2018 passed in R.P.S. Case No. 19 of 2012 corresponding to Trial No. 03 of 2018 passed by Railway Judicial Magistrate, Sahibganj, by which the petitioners have been convicted for the offence under section 3(a) of the R.P. (U.P.) Act, 1966 and sentenced to undergo rigorous imprisonment for two years. 3. Learned counsel appearing for the petitioners, at the very outset, confines his argument only with respect to sentence awarded by the learned Appellate Court. Learned counsel submits that this is the first offence of the petitioners and as such, they may be sentenced to the period already undergone by them. Learned counsel submits that the petitioners have already remained in custody for about 08 months, including the trial period. 2 4. Considering the nature of trial and the fact that the petitioners have already remained in custody for about 08 months and as such sentencing part of the learned appellate court is hereby, modified and reduced to the period already undergone by the petitioners. 5. In view of the above, the order dated 17.03.2018 passed in R.P.S. Case No. 19 of 2012 corresponding to Trial No. 03 of 2018 passed by the learned Judicial Magistrate, Sahibganj, convicting and sentencing the petitioners for the offence under Section 3(a) of the R.P. (U.P.) Act, as also the judgment dated 26.06.2023 passed in Criminal Appeal No. 37 of 2018 are, hereby, quashed and set aside. The petitioners are, accordingly, acquitted of the charge. 6. Since the petitioners are in custody, they are directed to be released at once, if not wanted in any other case. 7. With the above modification of the sentencing part, the present revision is hereby, disposed of. The aforesaid interlocutory application also stands disposed of. (Dr. S. N. Pathak, J.) Aditi