HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No. 120 of 2010 Date: 28-01-2010 Between: Shouse @ Ghouse Basha Petitioner And The State of A.P. rep. by Public Prosecutor Respondent HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No. 120 of 2010 ORDER: This Revision Case has been filed against the order, dated 18- 08-2009 in Crl.A.No.26 of 2009 on the file of the District and Sessions Judge, Chittoor. 2. The petitioner is alleged to have committed theft of gold jewellery, silver articles, silk sarees, wrist watches, cash of Rs.15,000/- and locker key. On the report given by PW-1, a case in Crime No.28 of 2005 was registered and during the course of investigation, the petitioner was arrested on 17-02-2005 in another crime in Crime No.20 of 2005 of Katpadi Police Station. Basing on the confessional statement of the petitioner, he was taken to custody in this case. The crime was registered as C.C.No.2592 of 2009 on the file of the IV Additional Judicial Magistrate of First Class, Chittoor. The learned Magistrate by his Judgment, dated 28-02-2009, found the petitioner guilty of the offences under Sections 454, 380 and 380 read with Section 75 of IPC. He was convicted for the offence under Section 454 of IPC and sentenced to undergo simple imprisonment for two years. He was also convicted for the offence under Section 380 of IPC and sentenced to undergo simple imprisonment for three years. Both the sentences were ordered to run concurrently. As far as the offence under Section 380 read with 75 of IPC is concerned, he was convicted and sentenced to undergo simple imprisonment for three years. However, the learned Magistrate directed that the sentence shall run consecutively along with the sentences passed for the offences under Sections 454 and 380 of IPC. Aggrieved by the same, the petitioner preferred Crl.A.No.26 of 2009 on the file of the District and Sessions Judge, Chittoor, and the learned Sessions Judge dismissed the Appeal upholding the conviction and the sentence imposed by the trial Court. Being aggrieved by the same, the present Revision Case has been preferred. 3. The learned counsel for the petitioner submits that the petitioner is aged about 65 years and that he has been in jail since last 4 years and 11 months and that he was a diabetic patient and if the sentence is modified he will be set at liberty. It is also represented that the petitioner could not engage Advocate on his own behalf and therefore, he was provided legal aid. 4. The main ground for directing the sentences to run consecutively is that the petitioner is said to be an ex-convict in 97 cases. The judgments of the previous convictions were filed before the learned Magistrate. 5. Admittedly the petitioner is said to be aged about 65 years. The learned counsel for the petitioner filed a report issued by the C.S.R.M.O., RIMS General Hospital, Kadapa, dated 15-10-2009 stating that the petitioner is suffering from chronic diabetes and retinopathy and chest pain. It also appears that the Superintendent of Jails, Central Prison, Kadapa, recommended the case of the petitioner for consideration and to modify the sentences to run concurrently. 6. Having regard to the age and health condition of the petitioner, and the circumstances stated by the learned counsel for the petitioner, I am convinced that it is a fit case where the sentence should be modified. 7. In the result, the Criminal Revision Case is allowed. The sentence passed against the petitioner for the offence punishable under Section 380 read with Section 75 of IPC is modified and ordered to run concurrently along with the sentences passed in respect of the offences under Sections 454 and 380 of IPC. If the petitioner is not released on bail by virtue of the orders of this Court, dated 21-12-2009 in Crl.M.P.No.3047 of 2009 and still undergoing the sentence and if he has already served the sentence as per the present order, the Superintendent, Central Jail, Kadapa, is directed to release the petitioner forthwith if he is not required in any other crime. ___________________ B.CHANDRA KUMAR, J Date: 28-01-2010 YCR