IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE K.N. PHANEENDRA AND THE HON’BLE MR. JUSTICE K. NATARAJAN CRL.A. NO. 1413/2018 C/W CRL.A. NOS.1411/2018 , 1410/2018, 1412/2018 AND 1409/2018 (C) IN CRL.A. NO. 1413/2018 BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI AGED ABOUT 37 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST, DARBHANGA DISTRICT BIHAR STATE – 844 121 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA AGED ABOUT 29 YEARS R/AT BALLAHA VILLAGE BISFI POLICE STATION MADHUBANI DISTRICT BIHAR STATE – 847 223 3. MOHAMMED KAFIL AKTHAR @ KAFIL S/O ABDUS SALAM, AGED ABOUT 32 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST, KEOITY POLICE STATION DARBHANGA DISTRICT BIHAR STATE – 844 121 … APPELLANTS (BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE OF KARNATAKA BY C.C.B. POLICE REP. BY STATE PUBLIC PROSECUTOR OFFICE AT ADV. GEN OFFICE HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. VIJAYAKUMAR B. MAJAGE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF N.I.A. ACT PRAYING TO QUASH, MODIFY AND SET ASIDE THE IMPUGNED ORDER OF IMPOSING FINE OF RS.50,000/- IN EACH COUNT OF OFFENCES AGAINST THE APPELLANT 1 TO 3 IN CONVICTION ORDER VIDE ORDER DATED 09.07.2018 PASSED BY THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT OF NIA) BENGALURU (CCH-50) IN S.C.NO.872/2013 ARISING OUT OF CR.NO.95/2010 WHEREIN APPELLANTS ARE ARRAYED AS ACCUSED NO.5, 12 AND 13 SAME AT ANNEXURE-B.
******** IN CRL.A. NO. 1411/2018 BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI AGED ABOUT 37 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST DARBHANGA DISTRICT BIHAR STATE – 844 121 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA AGED ABOUT 29 YEARS R/AT BALLAHA VILLAGE BISFI POLICE STATION MADHUBANI DISTRICT BIHAR STATE – 847 223 3. MOHAMMED KAFIL AKTHAR @ KAFIL S/O ABDUS SALAM AGED ABOUT 32 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST KEOITY POLICE STATION DARBHANGA DISTRICT BIHAR STATE – 844 121 … APPELLANTS (BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE OF KARNATAKA BY C.C.B. Police REP. BY SPP OFFICE AT ADV. GEN OFFICE HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. VIJAYAKUMAR B. MAJAGE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF N.I.A. ACT OF CR.P.C. PRAYING TO QUASH, MODIFY AND SET ASIDE THE IMPUGNED ORDER OF IMPOSING FINE OF RS.50,000/- IN EACH COUNT OF OFFENCES AGAINST THE APPELLANT 1 TO 3 IN CONVICTION ORDER VIDE ORDER DATED 09.07.2018 PASSED IN S.C.NO.870/2013, 49TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT NIA) AT BENGALURU (CCH-50) ARISING OUT OF CR.NO.94/2010 WHEREIN APPELLANTS ARE ARRAYED AS ACCUSED NO.5, 12 AND 13 SAME AT ANNEXURE-B.
***** IN CRL.A. NO. 1410/2018 BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI AGED ABOUT 37 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST, DARBHANGA DISTRICT BIHAR STATE – 844 121 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA AGED ABOUT 29 YEARS R/AT BALLAHA VILLAGE BISFI POLICE STATION MADHUBANI DISTRICT BIHAR STATE – 847 223 3. MOHAMMED KAFIL AKTHAR @ KAFIL S/O ABDUS SALAM AGED ABOUT 32 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST KEOITY POLICE STATION DARBHANGA DISTRICT BIHAR STATE – 844 121 … APPELLANTS (BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE OF KARNATAKA BY C.C.B. POLICE REP. BY STATE PUBLIC PROSECUTOR OFFICE AT ADV. GEN OFFICE HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. VIJAYAKUMAR B. MAJAGE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF N.I.A. ACT, 2008 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09.07.2018 PASSED BY THE XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR TRIAL OF NIA CASES), BENGALURU IN S.C.NO.869/2013 – CONVICTING THE APPELLANT/ACCUSED NO.5 FOR THE OFFENCE PUNISHABLE UNDER: (a) SECTION 20 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT. (b) SECTION 18 OF SECTION UNLAWFUL ACTIVITIES (PREVENTION) ACT R/W SECTION 120-B, 121, 121-A AND 123 OF IPC. (c) SECTION 19 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT R/W SECTION 212 OF IPC.
****** IN CRL.A. NO. 1412/2018 BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI AGED ABOUT 37 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST, DARBHANGA DISTRICT BIHAR STATE – 844 121 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA AGED ABOUT 29 YEARS R/AT BALLAHA VILLAGE BISFI POLICE STATION MADHUBANI DISTRICT BIHAR STATE – 847 223 3. MOHAMMED KAFIL AKTHAR @ KAFIL S/O ABDUS SALAM AGED ABOUT 32 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST KEOITY POLICE STATION DARBHANGA DISTRICT BIHAR STATE – 844 121 … APPELLANTS (BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE OF KARNATAKA BY C.C.B. POLICE REP. BY STATE PUBLIC PROSECUTOR OFFICE AT ADV. GEN OFFICE HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. VIJAYAKUMAR B. MAJAGE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF N.I.A. ACT, PRAYING TO QUASH, MODIFY AND SET ASIDE THE IMPUGNED ORDER OF IMPOSING FINE OF RS.50,000/- IN EACH COUNT OF OFFENCES AGAINST THE APPELLANT 1-3 IN CONVICTION ORDER VIDE ORDER DATED 09.07.2018 PASSED IN S.C.NO.891/2013 BY XLIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT NIA), BENGALURU ARISING OUT OF CR.NO.92/2010 WHEREIN APPELLANTS ARE ARRAYED AS ACCUSED NO.5, 12 AND 13 SAME AT ANNEXURE-B.
****** IN CRL.A. NO. 1409/2018 BETWEEN:
1. GAUHAR AZIZ KHOMANI S/O MOHAMMED LUKMAN KHOMANI AGED ABOUT 37 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST DARBHANGA DISTRICT BIHAR STATE – 844 121 2. KAMAL HASAN @ KAMAAL S/O MOHAMMED HASNAIN @ BADSHA AGED ABOUT 29 YEARS R/AT BALLAHA VILLAGE BISFI POLICE STATION MADHUBANI DISTRICT BIHAR STATE – 847 223 3. MOHAMMED KAFIL AKTHAR @ KAFIL S/O ABDUS SALAM AGED ABOUT 32 YEARS R/AT BARH SAMAILA VILLAGE LALGANJ POST KEOITY POLICE STATION DARBHANGA DISTRICT BIHAR STATE – 844 121 … APPELLANTS (BY SRI. MOHAMMED TAHIR, ADV.) AND:
STATE OF KARNATAKA BY C.C.B. POLICE REP. BY STATE PUBLIC PROSECUTOR OFFICE AT ADV. GEN OFFICE HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. VIJAYAKUMAR B. MAJAGE, ADDL. SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21 OF N.I.A. ACT, CR.P.C., PRAYING TO QUASH, MODIFY AND SET ASIDE THE IMPUGNED ORDER OF IMPOSING FINE OF RS.50,000/- IN EACH COUNT OF OFFENCES AGAINST THE APPELLANT 1-3 IN CONVICTION ORDER VIDE ORDER DATED 09.07.2018 PASSED IN S.C.NO.868/2013 49TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT NIA), AT BENGALURU (CCH-50) ARISING OUT OF CR.NO.96/2010 WHEREIN APPELLANTS ARE ARRAYED AS ACCUSED NO.5, 12 AND 13 SAME AT ANNEXURE-B.
THESE CRIMINAL APPEALS COMING ON FOR HEARING THIS DAY, K.N. PHANEENDRA, J., DELIVERED THE FOLLOWING:
JUDGMENT In all the above said appeals, a common question is raised with regard to the sentence passed by the trial Court. In fact, the appellants prayed :
(1) In CRL.A. No.1413/2018 to Set aside the order of imposing fine of Rs.50,000/- on each count vide order dated 9.7.2018 passed in SC No.872/2013;
(2) In CRL.A. No.1411/2018 to Set aside the order of imposing fine of Rs.50,000/- on each count vide order dated 9.7.2018 passed in SC No.870/2013;
(3) In CRL.A. No.1410/2018 to Set aside the order of imposing fine of Rs.50,000/- on each count vide order dated 9.7.2018 passed in SC No.869/2013;
(4) In CRL.A. No.1412/2018 to Set aside the order of imposing fine of Rs.50,000/- on each count vide order dated 9.7.2018 passed in SC No.871/2013; and (5) In CRL.A. No.1409/2018 to Set aside the order of imposing fine of Rs.50,000/- on each count vide order dated 9.7.2018 passed in SC No.868/2013.
2. In all the above said Criminal Appeals, the appellants/accused Nos.5, 12 and 13 are common and through their counsel, made an application u/s.229 of Cr.P.C. pleading guilty for the alleged offences. The trial Court after hearing in detail has passed sentence against appellants/accused Nos.5, 12 and 13 as under:
1. In Crl.A.No.1413/2018 (SC No.872/2013) (1) Accused No.5 shall undergo:
(a) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 20 of the Unlawful Activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence. In default to pay the fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 18 of the Unlawful Activities (Prevention) Act read with Section 120B, 121, 121A and 123 of IPC and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence and In default to pay the said fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC he shall pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the said fine, Accused No.5 shall undergo 1 year Rigorous imprisonment for such default;
(2) Accused No.12 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activites (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default.
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w. Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(3) Accused No.13 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(d) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 13(1)(b) of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
2. In Crl.A.No.1411/2018 (SC No.870/2013) (1) Accused No.5 shall undergo:
(a) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 20 of the Unlawful Activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence. In default to pay the fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 18 of the Unlawful Activities (Prevention) Act read with Section 120B, 121, 121A and 123 of IPC and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence and In default to pay the said fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC he shall pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the said fine, Accused No.5 shall undergo 1 year Rigorous imprisonment for such default;
(2) Accused No.12 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activites (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default.
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w. Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(3) Accused No.13 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(d) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 13(1)(b) of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
3. In Crl.A.No.1410/2018 (SC No.869/13) (1) Accused No.5 shall undergo:
(a) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 20 of the Unlawful Activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence. In default to pay the fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 18 of the Unlawful Activities (Prevention) Act read with Section 120B, 121, 121A and 123 of IPC and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence and In default to pay the said fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC he shall pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the said fine, Accused No.5 shall undergo 1 year Rigorous imprisonment for such default;
(2) Accused No.12 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default.
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w. Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(3) Accused No.13 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(d) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 13(1)(b) of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
4. In Crl.A.No.1412/2018 (SC No.871/2013) (1) Accused No.5 shall undergo:
(a) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 20 of the Unlawful Activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence. In default to pay the fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 18 of the Unlawful Activities (Prevention) Act read with Section 120B, 121, 121A and 123 of IPC and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence and In default to pay the said fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC he shall pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the said fine, Accused No.5 shall undergo 1 year Rigorous imprisonment for such default;
(2) Accused No.12 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activites (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default.
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w. Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(3) Accused No.13 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(d) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 13(1)(b) of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
4. In Crl.A.No.1409/2018 (SC No.868/2013) (1) Accused No.5 shall undergo:
(a) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 20 of the Unlawful Activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence. In default to pay the fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year rigorous imprisonment (simple imprisonment for 6 years + 1 year rigorous imprisonment) for the offence punishable under section 18 of the Unlawful Activities (Prevention) Act read with Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand) only, for the said offence and In default to pay the said fine, accused No.5 shall undergo for 1 year rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC he shall pay a fine of Rs. 50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the said fine, Accused No.5 shall undergo 1 year Rigorous imprisonment for such default;
(2) Accused No.12 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default.
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w. Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.12 shall undergo 1 year Rigorous imprisonment for such default;
(3) Accused No.13 shall under go:
(a) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 20 of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(b) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 18 of Unlawful activities (Prevention) Act R/w Section 120B, 121, 121A and 123 of IPC and he shall also pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(c) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 19 of Unlawful activities (Prevention) Act and Section 212 of IPC, he shall pay a fine of Rs.50,000/- (Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default;
(d) Imprisonment for 7 years including 1 year Rigorous imprisonment (Simple imprisonment for 6 years + 1 year R.I) for the offence punishable under Section 13(1)(b) of Unlawful activities (Prevention) Act and he shall pay a fine of Rs.50,000/-
(Rupees Fifty thousand only) for the said offence. In default to pay the fine, Accused No.13 shall undergo 1 year Rigorous imprisonment for such default.
3. The learned counsel for the appellant submitted before this court that though the trial Court has imposed substantive sentence of seven years for all the accused persons for various offences to the maximum and concurrent running of the sentence has been passed so far as the substantive sentence of imprisonment is concerned. However, the fine imposed in all the above said cases runs to lakhs of rupees and default sentence if calculated, it will cross more than 15 years apart from substantive sentence of 7 years of imprisonment imposed by the trial Court on every count. Therefore, in all, if the fine amount is not deposited, the above accused persons have to undergo more than 22 years of imprisonment and that it is very hazardous and exorbitant fine on the accused so as to make the sentence of fine passed by it to be frustrated and the accused persons shall not go outside till the completion of 22 years if they do not pay the fine amount. Therefore, learned counsel contended that the sentence may be modified reasonably.
4. He has further submitted that in CRL. APPEAL NO.1410/2018 i.e., particularly in SC No.869/2013, the trial Court has imposed fine also and awarded compensation to the victims in the said case. Therefore, the learned counsel for the appellants submitted that, the sentence passed by the trial Court so far as the fine amounts are concerned and default sentences are concerned, are exorbitant and the same is required to be modified by this court. He has also contended that the accused are not affluent and they are eaking their livelihood by means of doing poultry business and they are having families to maintain and therefore, it is very difficult for them to pay such huge amount of fine. Therefore, he requests the Court that an amount of Rs.5,000/- may be imposed as fine on each count and default sentence may also be reduced for three months.
5. Per contra, learned Addl. State Public Prosecutor for the respondent – State has contended before this court that the accused have pleaded guilty before the trial Court and that itself is sufficient to state that they have committed such offences. Therefore, the trial Court considering all the grounds urged by them, has reasonably imposed punishment, which requires no modification by this court. He has further contended that an amount of Rs.5,000/- fine as prayed by the learned counsel for the appellant is very meagre. Therefore, fine amount should not be reduced to such an extent by this court so as to frustrate the entire sentence passed by the trial Court. Therefore, he pleaded for dismissal of all the appeals.
6. We have carefully perused the sentences passed by the trial Court. Of course, in CRL.A.No.1410/2018 the appellants have challenged the sentence passed in SC No.869/2013, wherein the trial Court has imposed punishment as noted above apart from that the court has also specifically stated that the default sentences shall run consecutively with reference to the fine amount and the entire fine amount if deposited by Accused Nos.5, 12 and 13 in SC No.869/2013 shall be treated as compensation and the said amount has to be paid to the injured persons. The court has also ordered that the office shall keep the said amount in Fixed Deposit in the name of the Court in any nationalized Bank until further orders.
7. When the Trial Court has considered the status of the victim and passed such an order, awarding compensation out of the fine amount, in our opinion, the said sentence passed by the trial Court does not require any modification and the same is liable to be confirmed. Accordingly, the Criminal Appeal No.1410/*2018 is liable to be dismissed. Accordingly, CRL.A.No.1410/*2018 is dismissed.
8. In so far as the other appeals are concerned, in all the cases, heavy amount of compensation has been awarded. However, the trial Court has not awarded any compensation in these cases. Hence, the entire amount of fine has to be adjusted to the exchequer of the State. Therefore, this court can show some lenience so far as these cases are concerned. Though the learned Addl. State Public Prosecutor has *Corrected vide chamber order dated 18.02.2019.
not specified any amount for reduction, but we find that if the fine amount is not reduced and if the entire amount is ordered to be paid or the accused persons are directed to undergo the default sentence, as rightly submitted by the learned counsel, they have to languish in jail for more than 22 years. In that eventuality, pleading guilty itself is frustrated, which is more than the life span, in our opinion this is a good ground to modify the sentence. Apart from the above, the entire sentence if calculated, it virtually crosses the maximum punishment that could have been imposed by the trial Court even the accused persons are tried on merits of the case.
9. Under the above said circumstances, we are of the opinion that some leniency ought to have been shown by the trial Court in imposing the sentence of fine so far as the other appeals are concerned. Hence, the following:
ORDER (a) Criminal Appeal No.1410/*2018 is dismissed.
(b) Criminal Appeal Nos.1409/*2018, 1411/*2018, 1412/*2018 and 1413/*2018 are hereby partly allowed.
(c) Consequently, we feel it just and necessary to impose an amount of Rs.10,000/- fine, wherever the trial Court has imposed 50,000/- fine; in (1) SC No.872/2013 (Crl.A.No.1413/2018); (2) SC No.870/2013 (Crl.A.No.1411/2018); (3) SC No.871/2013 (Crl.A.No.1412/2018); and (4)SC No.
868/2013 (Crl.A.No.1409/2018) impugned under these appeals. Further, wherever the default sentences in the above cases exceeds three months, it shall be treated as three months only.
*Corrected vide chamber order dated 18.2.2019.
Under the above said circumstances, the sentence passed by the trial Court is modified to the extent specified above.
Sd/- JUDGE Sd/- JUDGE PL*