This appeal is filed by the accused No.3 being aggrieved by the judgment of conviction dated 21.4.2007 and the order of sentence dated 23.4.2007 passed in S.C.No.501 of 2001, S.C.No.457 of 2002, S.C.No.377 of 2003 and S.C.No.73 of 2005 by the XXXV Additional City Civil and Sessions Judge and Special Sessions Judge (Special Court to try Fake Stamp Paper Cases), Bengaluru in terms whereof the appellant accused No.3 was sentenced as under:- (a) Acting under Section 235(2) of Cr.P.C., appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5,000/- each for offence punishable under Section 255 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each (4 separate and distinct offences under section 255 of the ipc, as per charge Nos.1, 2, 3 & 5 for each offence). (b) The appellant - Accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/-.each, for offence punishable under Section 256 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each (4 separate and distinct offences under section 256 of the ipc, as per charge Nos.6 to 9, for each offence). (c) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each, for offence punishable under Section 257 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each (4 separate and distinct offences under section 257 of the ipc, as per charge Nos.10 to 13, for each offence). (d) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 258 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each. (e) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 260 of the IPC read with Section 120- B of the IPC each, in default to undergo rigorous imprisonment for one year each. (f) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- each, for offence punishable under Section 467 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each. (g) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each, for offence punishable under Section 468 of the IPC read with Section 120-B of the IPC, each in default to undergo rigorous imprisonment for one year each. (h) The appellant accused No.3 is sentenced to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.1,000/- each for offence punishable under Section 471 of the IPC read with Section 120-B of the IPC, each in default to undergo rigorous imprisonment for one year each.
(i) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 472 of the IPC read with Section 120-B of the IPC, each in default to undergo rigorous imprisonment for one year each. (j) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 473 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each. (k) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 475 of the IPC read with Section 120-B of the IPC each in default to undergo rigorous imprisonment for one year each.
(l) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 5 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 420 of the IPC read with Section 120-B of the IPC each, in default to undergo rigorous imprisonment for one year each. (m) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- each for offence punishable under Section 120-B of the IPC, in default to undergo rigorous imprisonment for one year each. (n) The appellant - accused No.3 is sentenced to undergo rigorous imprisonment for one month for offence punishable under Section 63(b) of the Karnataka Stamp Act, 1957 read with Section 120-B of the IPC. (o) The above sentences shall run concurrently.
2. Learned counsel for the appellant Sri.Hemanth Kumar contends that he does not intend to press the appeal on merits. He restricts his prayer for release of the appellant in view of the fact that the appellant has already undergone the period of sentence.
3. The material on record would indicate that the accused was produced in terms of the body warrant dated 21.5.2002. Ever since then, he has been in custody even as on date. Therefore, he has already undergone a sentence of more than 15 years 3 months. The sentences awarded which were directed to run concurrently, would therefore be for a period of ten years.
4. The period of detention and the date of body warrant are not disputed by the learned counsel for the respondent-CBI.
5. For all the offences put together, the appellant was imposed a sentence of fine of Rs.61,000/- namely on 13 counts. The fine is not paid. Therefore, he would have to undergo a default sentence of 13 years and rigorous imprisonment for one month for the offence punishable under section 63(b) of the Karnataka Stamp Act, 1957 read with section 120-B of the Indian Penal Code. He has already undergone detention for a period of 15 years 3 months. 10 years is set off against the conviction for the substantive offences. 5 years is set off against the default sentences on five counts. Therefore, he would have to undergo the balance period of 7 years 10 months as on date, if he does not pay the balance fine of Rs.36,000/- namely Rs.5,000/- for seven offences and Rs.1,000/- for one offence.
6. The appellants counsel submits that he will pay the amount of Rs.36,000/- within a period of two months from today. If the amount of Rs.36,000/- is paid before the Trial Court, he shall then be set forth at liberty, if not required in any other case.
7. If the balance amount of Rs.36,000/- is not paid within two months, he shall continue to remain in custody for a period of 7 years 10 months, from today since as on date, he is in custody for 15 years 3 months. The appeal is disposed off with the aforesaid observations. Pending I.As. stand rejected. SD/- SD/- JUDGE JUDGE Bss.
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