Karnataka High Court
Abdul Kareem Telgi vs The Special Establishment Police on 5 September, 2017
Bench: Ravi Malimath, John Michael Cunha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 05TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL APPEAL NO.519 OF 2011
BETWEEN:
ABDUL KAREEM TELGI
MAJOR IN AGE,
S/O LATE LAD SAAB TELGI
NO.5, SARIN MANJIL, 1ST FLOOR,
WALTON ROAD, COLABA MUMBAI
NOW CONVICT IN
CENTRAL PRISONS, BENGALURU. ... APPELLANT
(By Sri: HEMANTH KUMAR, ADVOCATE FOR
M/S M.T.NANAIAH ASSOCIATES)
AND:
THE SPECIAL ESTABLISHMENT POLICE
CENTRAL BUREAU OF INVESTIGATION (CBI)
NEW DELHI
HAVING OFFICE AT NO.12,
BELLARY ROAD, GANGANAGAR,
BENGALURU-560032. ... RESPONDENT
(By Sri: P PRASANNA KUMAR, SPECIAL PP FOR CBI)
2
THIS CRL.A. FILED U/S.374(2) CR.P.C BY THE ADVOCATE
FOR THE APPELLANT/ACCUSED NO.3 PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER
DT.21/23.4.2007 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 PASSED BY THE
XXXV ADDITIONAL CITY CIVIL & SESSIONS JUDGE & SPECIAL
SESSIONS JUDGE (SPECIAL COURT TO TRY FAKE STAMP PAPER
CASES), BENGALURU - CONVICTING THE APPELLANT/ACCUSED
NO.3 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 255,
256, 257, 258, 260, 420, 467, 468, 471, 472, 473 AND 475 OF
INDIAN PENAL CODE READ WITH SECTION 120-B OF THE
INDIAN PENAL CODE AND UNDER SEC.120-B OF THE INDIAN
PENAL CODE AS AN INDEPENDENT OFFENCE AND UNDER
SECTION 63(b) OF KARNATAKA STAMP ACT, 1957 READ WITH
SECTION 120-B OF THE INDIAN PENAL CODE AND THE
APPELLANT/ACCUSED NO.3 IS SENTENCED TO UNDERGO
RIGOROUS IMPRISONMENT FOR 10 YEARS AND TO PAY A FINE
OF RS.5,000/- FOR THE OFFENCE PUNISHABLE UNDER SECTION
255 OF INDIAN PENAL CODE READ WITH SECTION 120-B OF
THE INDIAN PENAL CODE, IN DEFAULT, TO UNDERGO
RIGOROUS IMPRISONMENT FOR ONE YEAR, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 255 OF INDIAN PENAL CODE.
FURTHER THE APPELLANT/ACCUSED NO.3 IS SENTENCED TO
UNDERGO RIGOROUS IMPRISONMENT FOR 5 YEARS AND TO
PAY A FINE OF RS.5,000/- FOR THE OFFENCE PUNISHABLE
UNDER SECTION 256 OF INDIAN PENAL CODE READ WITH
SECTION 120-B OF INDIAN PENAL CODE, IN DEFAULT TO
UNDERGO RIGOROUS IMPRISONMENT FOR ONE YEAR, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 256 OF INDIAN PENAL
CODE. FURTHER THE APPELLANT/ACCUSED NO.3 IS
SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 257 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF INDIAN PENAL CODE, IN
DEFAULT, TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 257 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
3
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 258 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 258 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/- FOR THE OFFENCE
PUNISHABLE UNDER SECTION 260 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF INDIAN PENAL CODE, IN
DEFAULT, TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 260 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR
10 YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 467 OF INDIAN PENAL
CODE READ WITH . SEC.120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 467 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 468 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 468 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 3
YEARS AND TO PAY A FINE OF RS.1,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 471 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 471 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 472 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
4
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 472 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 473 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 473 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR
10 YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 475 OF INDIAN PENAL
CODE READ WITH SECTION 120-B OF THE INDIAN PENAL CODE,
IN DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 475 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR 5
YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE OFFENCE
PUNISHABLE UNDER SECTION 420 OF INDIAN PENAL CODE
READ WITH SECTION 120-B OF THE INDIAN PENAL CODE, IN
DEFAULT TO UNDERGO RIGOROUS IMPRISONMENT FOR ONE
YEAR, FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF
INDIAN PENAL CODE. FURTHER THE APPELLANT/ACCUSED NO.3
IS SENTENCED TO UNDERGO RIGOROUS IMPRISONMENT FOR
10 YEARS AND TO PAY A FINE OF RS.5,000/-, FOR THE
OFFENCE PUNISHABLE UNDER SECTION 120-B OF THE INDIAN
PENAL CODE, IN DEFAULT TO UNDERGO RIGOROUS
IMPRISONMENT FOR ONE YEAR, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 120-B OF THE INDIAN PENAL CODE. FURTHER
THE APPELLANT/ACCUSED NO.3 IS SENTENCED TO UNDERGO
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.
****
THIS CRL.A COMING ON FOR FINAL HEARING THIS DAY,
RAVI MALIMATH J., DELIVERED THE FOLLOWING:
5
JUDGMENT
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 6 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 7 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.
8(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 9 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.
103. 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 11 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 appellant's 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.