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2022 Supreme(SC) 1261

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA
Iqram – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Md. Anas Chaudhary, Shehla Chaudhary, Ansar Ahmad Chaudhary.
For the Respondents: Sarvesh Singh Baghel, Divyanshu Sahay.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • Multiple sentences are generally intended to run concurrently unless the court explicitly directs them to run consecutively (!) (!) .
  • The discretion to order concurrent or consecutive sentences lies with the court, which must exercise this power judiciously and with a specific order if concurrent sentences are desired (!) (!) .
  • In the case discussed, the trial court did not issue a specific direction under Section 427(1) of the Criminal Procedure Code to run the sentences concurrently, leading to a situation where the sentences were to run consecutively (!) .
  • The appellant was convicted in multiple trials for offences under the Electricity Act and related provisions, resulting in a total potential imprisonment of 18 years if sentences run consecutively (!) .
  • The appellant challenged the manner in which the sentences were being executed, arguing that they should run concurrently to avoid an unjustly prolonged incarceration (!) .
  • The High Court initially held that, based on the provisions of the Criminal Procedure Code, the sentences should run consecutively, which would have resulted in a lengthy imprisonment period (!) (!) .
  • The Supreme Court found that the absence of a specific direction for concurrent sentencing was a procedural oversight and that the sentences in all nine cases should run concurrently (!) .
  • The Court emphasized the importance of exercising judicial discretion properly and highlighted that, in the absence of a specific order, the default should be concurrent sentences, especially when all convictions took place on the same day (!) (!) .
  • The Court directed the jail authorities to act immediately to implement the order, ensuring that the appellant's sentences run concurrently (!) .

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JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

1. Leave granted.

2. The facts of the present case provide another instance, a glaring one at that, indicating a justification for this Court to exercise its jurisdiction as a protector of the fundamental right to life and personal liberty inhering in every citizen. If the Court were not to do so, a serious miscarriage of justice of the nature which has emerged in the present case would be allowed to persist and the voice of a citizen whose liberty has been abrogated would receive no attention. The history of this Court indicates that it is in the seemingly small and routine matters involving grievances of citizens that issues of moment, both in jurisprudential and constitutional terms, emerge. The intervention by this Court to protect the liberty of citizens is hence founded on sound constitutional principles embodied in Part III of the Constitution. The Court is entrusted with judicial powers under Article 32 and Article 136 of the Constitution of India. The right to personal liberty is a precious and inalienable right recognised by the Constitution. In attending to such grievances, the Supreme Court performs a plain constitutional duty, ob


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