Karnataka High Court
Abdul Waheed vs Cbi Police on 17 July, 2017
Bench: Ravi Malimath, John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ON THE 17TH DAY OF JULY, 2017
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
AND
THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL APPEAL NO.206 OF 2011
BETWEEN:
ABDUL WAHEED
S/O ABDUL KAREEM,
AGED ABOUT 31 YEARS,
R/AT NO.SANGLI ROAD, OPP TO GULMOHAR
RESTAURANT, ICHALKARANJI,
KOLHAPUR DISTRICT,
MAHARASTRA. ... APPELLANT
(BY SRI M.SHASHIDHARA, ADVOCATE)
AND:
C.B.I. POLICE
REPRESENTED BY SRI B.R.NANJUNDAIAH,
C.B.I. PUBLIC PROSECUTOR,
HIGH COURT BUILDING PREMISES,
BENGALURU CITY. ... RESPONDENT
(BY SRI P.PRASANNA KUMAR, SPL.PP)
2
*****
THIS CRL.A IS FILED UNDER SECTION 374(2) OF
CR.P.C., PRAYING TO SET ASIDE THE JUDGMENT DATED
14/18.9.2010 PASSED BY THE SPL.JUDGE, XXXV
ADDL.CITY CIVIL AND S.J., BENGALURU IN S.C.NO.643 OF
2003-CONVICTING THE APPELLANT/ACCUSED NO.6 FOR
THE OFFENCE PUNISHABLE UNDER SECTION 259, 256
R/W 120(B) OF IPC. THE APPELLANT/ACCUSED NO.6 IS
SENTENCED TO UNDERGO R.I. FOR FIVE YEARS AND PAY
A FINE OF RS.10,000/- IN DEFAULT OF PAYMENT OF FINE
HE SHALL UNDERGO FURTHER R.I. FOR THREE MONTHS
FOR THE OFFENCE PUNISHABLE UNDER SECTION 256 R/W
120(B) OF IPC. THE APPELLANT/ACCUSED NO.6 IS
SENTENCED TO UNDERGO FURTHER R.I. FOR FIVE YEARS
AND PAY A FINE OF RS.10,000/- IN DEFAULT OF PAYMENT
OF FINE HE SHALL UNDERGO FURTHER R.I. FOR THREE
MONTHS FOR THE OFFENCE PUNISHABLE UNDER SECTION
259 R/W 120(B) OF IPC. THE APPELLANT/ACCUSED
PRAYS THAT HE BE ACQUITTED.
THIS CRL.A. COMING ON FOR ORDERS THIS DAY,
RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is by the accused No.6 in S.C.No.643 of 2003. By the order dated 14.09.2010, he was sentenced to undergo rigorous imprisonment for a period of five years and pay fine of Rs.10,000/- for each of the offences punishable under Section-256 and 259 of IPC read with 3 Section - 120(B) of IPC and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months for each offence.
2. Set-off was granted to the appellant / accused No.6 to the extent of the period remaining after the period allowed as set off in Spl.Case No.2 of 2003 of MCOCA Court, Pune, in C.C.No.1 of 2008, of Additional Special Judge for CBI Cases, Chennai and in C.C.No.3 of 2007 of Special Judge for CBI cases, Hyderabad. The sentence was ordered to run concurrently, except for the default sentence.
3. The appellant was arrested on 06.10.2002 in this case. The present appeal was filed on 19.02.2011. By the order dated 08.03.2011, he was granted bail. Therefore, as on the date of granting bail, he had already served the sentence for a period of 9 years, 2 months, 20 days. Hence, considering the period of detention as set-off, 4 the accused has already served the sentence imposed on him, including the default sentence in this case.
4. The figures and facts are not disputed by the learned Special Public Prosecutor appearing for the respondent - CBI.
5. Under these circumstances, nothing further survives for consideration in this appeal. The appellant / accused no.6 is set at liberty forthwith, if not required in any other case. Since he is already on bail in terms of the order of this Court, the bail bond stands cancelled and the sureties are discharged.
Appeal is disposed off accordingly.
SD/- SD/-
JUDGE JUDGE
JJ