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2018 Supreme(SC) 894

A.M.SAPRE, UDAY UMESH LALIT
Sharad Hiru Kolambe – Appellant
Versus
State of Maharashtra – Respondent


Judgement Key Points

What is the principle governing whether default sentences for non-payment of fines can run concurrently with substantive sentences?

What is the proper treatment of default sentences inter se when multiple counts under IPC/MCOC Act impose fines and default imprisonment, and whether set-off or aggregation is permissible?

What is the appropriate quantum of default sentences for violations under IPC and MCOC Act in light of mandatory minimum fines and the financial conditions of the offender?


JUDGMENT :

Uday Umesh Lalit, J.

1. Delay in filing Special Leave Petition condoned. Leave granted.

2. This appeal challenges the decision dated 17.12.2013 passed by the High Court of Bombay in Criminal Appeal No.906 of 2006 affirming the conviction and sentence of the appellant (original accused No.6) for offences punishable under the Indian Penal Code (IPC, for short) as well as the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as the MCOC Act). Since the emphasis in the present appeal was placed on the nature of default sentences passed against the appellant, we confine ourselves to bare outline of facts. The appellant along with other co-accused was tried and convicted by the Special Judge [the MCOC Act] Thane in M.C.O.C. Special Case No.3 of 2002 vide judgment dated 20.10.2005. The relevant portion of the order of sentence passed by the Special Judge reads as under:-

“Accused Nos.1 to 6 namely, Sanjay Kisan Mohite, Sudish Maniken, Maniken Nair, Pramod Shankar Jadhav, Santosh Manohar Deshmukh, Chandrakant Balkrishna Shegde and Sharad Hiru Kolambe are convicted for offence punishable under Section 364A of Indian Penal Code read with Section 34 of the India









































































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