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2021 Supreme(Bom) 13

SUNIL B.SHUKRE, PUSHPA V.GANEDIWALA
Kuttu @ Rahul Chhahalal Pardhi (In Jail) – Appellant
Versus
State of Maharashtra, Through Assistant Forest Conservator, Bhandara, Tahsil & District Bhandara – Respondent


Advocate Appeared:
For the Petitioner:M.N. Ali h/f R.R. Vyas, Advocates.
For the Respondents: M.K. Pathan, A.P.P.

JUDGMENT :

PUSHPA V. GANEDIWALA, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of parties.

2. The petitioner, a convict, who is undergoing sentence of imprisonment in three different crimes, is seeking directions for concurrent running of sentences under Section 427 of the Code of Criminal Procedure, 1973 (for short “the Code”).

3. The petitioner is convicted and sentenced in the following three cases:-

    (i) In Reg. Cri. Case No. 50/2015, POR dated 27/04/2015, the petitioner is sentenced to suffer rigorous imprisonment for three years and fine of Rs.15,000/-, in default to suffer simple imprisonment for three months, for the offence punishable under Sections 51(1), 39(1)(d) and 39(3) of The Wild Life (Protection) Act, 1972 (for short “Act of 1972”), and also under Section 120B of the Indian Penal Code, 1860 (for short “IPC”) vide judgment dated 18/04/2017 passed by the Judicial Magistrate First Class, Pauni.

(ii) In Reg. Cri. Case No. 10/2015, POR dated 29/05/2007, he is sentenced to suffer rigorous imprisonment for three years and fine of Rs.500/-, in default to suffer simple imprisonment for fifteen days, for the offence punishable under Sections 51 read with Sect

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