Telangana High Court
C.Suresh vs The State Of A.P. on 23 September, 2022
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL NOS.570, 571, 572, 573, 574, 575
AND 576 OF 2009
COMMON JUDGMENT:
These Criminal Appeals are filed by the Appellant/Accused No.1 aggrieved by the conviction recorded by the learned Metropolitan Sessions Judge, Special Court for the Andhra Pradesh Protection of Depositors of Financial Establishment Act at Hyderabad in Calendar Case Nos.24, 65, 66, 67, 68, 79 and 80 of 2003, respectively, dated 08.05.2009 convicting the Appellant/Accused No.1 for the offences punishable under Sections 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act and Section 406 of Indian Penal Code and sentenced to undergo seven years and three years Rigorous Imprisonment respectively.
2. Since the issue for consideration in all these criminal Appeals is one and the same, all the Criminal Appeals are heard together and disposed off by this common judgment.
3. The appellant in all these Criminal Appeals is one and the same. On the allegation of taking deposits to the tune of Rs.46 Crores from 2500 unemployeed youth, complaints were lodged by the aggrieved 2 persons against the appellant for not returning the said amounts and on the basis of said complaints different crimes were registered against the appellant. The said cases were tried by the Special Court and the Special Court found the appellant guilty for the offences under Section 5 of the APPDFE Act and Section 406 of IPC.
4. The learned counsel appearing for appellant would submit that without going into the merits of the case, the Court may consider the reduction of sentence on the basis of his age and according to him the appellant is aged around 70 years and suffering from different ailments.
5. Keeping in view the age of the appellant and his medical condition, the sentence of imprisonment is reduced to three years for the offence under Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act and the sentence under Section 406 of IPC remains unaltered. Needless say the imprisonment already undergone by the appellant shall be excluded from the sentence now imposed. Further it is to be made clear that the sentence in all the cases shall run concurrently. 3
6. Accordingly, all the Criminal Appeals are disposed off.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_____________ K.SURENDER, J Date: 23.09.2022 ns