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2013 Supreme(Bom) 1351

S.C.DHARMADHIKARI, S.B.SHUKRE
Abidkhan @ Salman Mukhtar Khan Pathan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:A. Karim Pathan, Advocate.
For the Respondents:Mrs. A.S. Pai, Advocate.

Judgment :-

S.B. Shukre, J.

1. In this Petition, the petitioner seeks direction to modify the orders of his sentences given on conviction in three distinct and separate cases so that the sentences in subsequent cases are made to run concurrently along with the previous sentences.

2. This petition has been heard finally at the stage of admission with the consent of the parties. Hence, Rule, returnable forthwith. Respondents waive service.

3. The petitioner No.1 was original accused No.1 in three Criminal Cases bearing C.C. Nos.664/PW/2011, C.C. No.665/PW/2011 and C.C. No.666/PW/2011. He was prosecuted in all these cases along with six other accused for offences punishable under Sections 379, 465, 467, 468, 469, 471, 420 read with 34 of the Indian Penal Code. In all these cases, the offences involved were identical, but, the incidents were of three different dates namely, 25th November, 2010, 5th January, 2011 and 29th August, 2009, all relating to different transactions. When this petitioner and other accused persons were charged with these offences, they pleaded not guilty and claimed to be tried. Lateron, the petitioner and all other accused persons, on 11th June, 2012, upon their































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