BADAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 09.11.2016 by which the appellant has been held guilty for an offence under Sec. 25 of the Arms Act, 1959 and the order on sentence dated 21.11.2016 by which the appellant has been sentenced to rigorous imprisonment for three years with fine of Rs. 25,000.00 and in the event of default in payment of fine, rigorous imprisonment for one year.

(2.) We note at this stage that a co-convict has been convicted by the same judgment under Sec. 302 of the Indian Penal Code, 1860 ('IPC') and under Sections 25 and 27 of the Arms Act. The appeal filed by the co-convict is also pending.

(3.) Mr. Mavi, learned counsel for the appellant, at the outset, submits that the appellant has already undergone imprisonment for a period of more than two years and nine months and the remaining period of sentence is approximately two months and eleven days. He submits on instructions that he does not challenge the order on conviction but he prays that the sentence may be modified to the period already undergone.