ORDER :

Jagdish Singh Khehar, J.

Delay Condoned.

2. Leave granted.

3. The first contention advanced at the hands of the learned counsel for the appellant emerges from Section 427 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.'). Section 427 of the Cr.P.C. is being extracted hereunder:

"427. Sentence on offender already sentence for another offence -

(1) When a person already undergoing a sentence of imprisonment is sentenced on a sub sequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, while undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment