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Judgment
This appeal is by Accused no.13 in S.C.No.430 of 2002, before the Special Judge, 35th Additional City Civil and Sessions Judge, Bengaluru, wherein by the order dated 10.02.2010, he was convicted for the offence punishable under Sections - 255 to 260, 465, 467, 468, 471 to 475, 419 and 420, read with Section - 120B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment and to pay fine as under:
"i. He shall undergo rigorous imprisonment for 10 years and to pay fine of Rs.50,000- for the offence punishable under Section 255 IPC R/W Section 120(B) IPC. In default of payment of above fine amount, he shall further undergo rigorous imprisonment for a period of 1 year.
ii) He shall undergo rigorous imprisonment for 7 years and to pay fine of Rs.50,000/- for the offence punishable under Section 258 IPC R/W Section 120(B) IPC. In default of payment of above fine amount, he shall further undergo rigorous imprisonment for a period of 1 year.
iii) He shall undergo rigorous imprisonment for 7 years and to pay fine of Rs.50,000/- for the offences punishable under Section 420 IPC R/W Section 120(B) IPC in default of payment of above fine amount, he shall further undergo rigorous imprisonment for a period of 1 year.
iv) He shall undergo rigorous imprisonment for 10 years and to pay fine of Rs.50,000/- for the offence punishable under Section 467 IPC R/W Section 120(B)f IPC. In default of payment of fine, he shall further undergo imprisonment for a period of 1 year."
The sentences were ordered to run concurrently, except so far as the sentence imposed for default in payment of fine. It was also noted that the accused was also entitled for a set-off for a period of eight years, three months and twelve days. Therefore, the said period of sentence including the sentence imposed for default in payment of fine has already been undergone.
Thereafter, the present appeal was filed in the year 2010. Till date, he has undergone a further imprisonment of around seven years, other than the period as stated by the trial Court.
There is no dispute by the learned Special Public Prosecutor that the appellant has undergone the entire sentence awarded on him including the sentence imposed for default in payment of fine. Under these circumstances, nothing further survives for consideration in this appeal.
Consequently, since the appellant has undergone the entire sentence, the appellant - accused no.13, Sri.Abdul Kareem Telgi, is directed to be released forthwith, if not required in other cases.
The appeal is disposed off accordingly.