Gopal Krishan Vyas, J. - (1.) Heard learned counsel for the petitioner.
(2.) In this revision petition filed under Section 397/401, Cr.P.C., the petitioner accused is challenging judgment dated 06.03.2010 passed by Addl. Sessions Judge No.1, Sriganganagar in Criminal Appeal No.74/2007, by which, the appellate Court confirmed the judgment dated 07.08.2007 passed by Chief Judl. Magistrate, Sriganganagar in Criminal Regular Case No.521/2006, whereby, learned trial Court punished the petitioner (herein) by way of passing sentence of 3 years simple imprisonment for commission of offence under Section 457, I.P.C. along with fine of Rs. 500/-, in default, to further undergo 15 days' simple imprisonment, so also, 2 years' simple imprisonment for commission of offence under Section 380, I.P.C. with fine of Rs. 200/-, in default, to further undergo 10 days' simple imprisonment. The2 trial Court ordered that both the sentences shall run concurrently.
(3.) At the threshold, learned counsel for the petitioner submits that the petitioner is not challenging finding of both the Courts below but, it is prayed that petitioner is facing trial since 2006 and he remain in custody in this case from 16.09.2006 to 07.11.2007 and, thereafter, he remained in judicial custody from 06.03.2010 the date on which his appeal was dismissed till today; meaning thereby, in all, the petitioner has already served out the sentence for 2 years and 4 months and total punishment is of 3 years' term, therefore, it is prayed that the sentence awarded to the petitioner may be reduced from 3 years' simple imprisonment to the period of imprisonment already served out by him and he may be ordered to be released.;