Mahesh Chandra Sharma, J. - (1.)THIS criminal revision petition has been filed against the order dated 10th August, 2010 passed by Additional Sessions Judge (Fast Track) No. 3, Jaipur City, Jaipur in Criminal Appeal No. 14/2010 whereby the appeal filed by the petitioner has been dismissed and upheld the judgment and order dated 13th April, 2010 passed by the Additional Chief Judicial Magistrate No. 6 Jaipur City, Jaipur in Criminal Case No. 773/1997 whereby the accused/petitioner has been convicted and sentenced as under: -
Under Section 379 of IPC: One year simple imprisonment.

Without going into the merit of the case, the learned Advocate Mr. Deshraj Kalwania has requested to this Court that one year sentence has been awarded by the trial Court and same has been affirmed by the appellate court and the petitioner is in judicial lock -up from last approximately 212 days. He has further requested that the offence is 379 IPC and the said offence is triable by the First Class Magistrate. He, therefore, prayed that either the petitioner should be given liberty of probation and/or he should be released on the basis of period already undergone by him in judicial lock -up as indicated above and he is not challenging the conviction part of the judgment.

(2.)LEARNED public prosecutor seriously opposed the prayer of the learned counsel for the petitioner.
In view of above, I release the petitioner for the period already undergone by him in the judicial lock -up. Consequently, this revision petition is partly allowed. The order of the trial Court dated 10th August, 2010 is modified to the extent that the conviction awarded by the learned trial Court is maintained and the sentence awarded by the learned trial Court vide order dated 10th August, 2010 is reduced to the period already undergone by the petitioner. The petitioner should be released from custody forthwith, if he is not required to be retained in any other case.