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2022 Supreme(Bom) 827

IN THE HIGH COURT OF BOMBAY, (AURANGABAD BENCH)
Rajesh S. Patil, Vibha Kankanwadi, JJ.
Shri. Bhaskar Shankar Wagh – Petitioner
Versus
The State of Maharashtra & Anr. – Respondents
Criminal Writ Petition No. 491 Of 2022
Decided On : 17-08-2022

Advocates Appeared:
For the Petitioner: Mr. Mukul S. Kulkarni.
For the Respondent: Mr. M. M. Nerlikar.

Headnote:

Article 14, 21, 226 r/w Article 227 - Calculation of Sentence - Section 427(2) of Code of Criminal Procedure, Section 53, 63, 64 of Indian Penal Code - The court discussed the interpretation of Section 427(2) of Cr.P.C. and its application to the petitioner's case. It also considered the provisions of Section 53, 63, and 64 of IPC in relation to the calculation of default sentences and their concurrent running. The court rejected the petitioner's claim for concurrent running of default sentences and upheld the calculation made by respondent no. 2.

Fact of the Case:

The petitioner, a 72-year-old prisoner, sought to quash the calculation made by the Superintendent of Jail regarding his period of imprisonment. He argued that the default sentences in various cases should run concurrently, citing Section 427(2) of Cr.P.C. and other relevant provisions.

Finding of the Court:

The court dismissed the petition, holding that the interpretation of Section 427(2) of Cr.P.C. made by the petitioner's advocate was not acceptable. It also ruled that the petitioner's detention did not violate his fundamental rights under Article 14 and 21 of the Constitution of India.

Issues: The main issue was the interpretation of Section 427(2) of Cr.P.C. and the applicability of concurrent running of default sentences in the petitioner's case.

Ratio Decidendi: The court held that the default sentences inter se cannot be directed to run concurrently, based on the provisions of Section 63 and 64 of IPC and Section 427 of Cr.P.C. It also emphasized that the petitioner's detention did not violate his fundamental rights.

Final Decision: The Criminal Writ Petition was dismissed by the court.

JUDGMENT :

Vibha Kankanwadi, J.

1. Petitioner is an accused, who has been convicted in several cases and at present he is 72 years old prisoner, undergoing the conviction, seeks to invoke Article 14, 21, 226 r/w Article 227 of the Constitution of India with a prayer to quash and set aside the calculation made by respondent no. 2 – the Superintendent of Jail, Yerwada Central Prison, Pune, in respect of period of sentence of imprisonment awarded to the petitioner with respect to Sessions Case No. 2/1991 decided on 20.02.2013 and to further direct the respondent no. 2 to reconsider the period of imprisonment as per the Judgment and also to issue writ of habeas corpus for his release in view of the completion by declaring that the period of detention has been undergone by him.

2. The factual matrix leading to the petition are, in short, as under : -

As aforesaid, the petitioner is convicted. He has been lodged in Yerwada Central Prison, Pune, since 07.08.1994 in C.R. No.441/1990, which was the subject matter of Sessions Case No.6/1991. By Judgment and Order dated 04.08.1994, he was awarded imprisonment for life and fine of Rs. 10,14,000/- and in default sentence of imprisonment of 5 years. The State Government has granted him remission and declared that as regards that sentence is concerned, he has undergone the sentence. Such order was passed by respondent no. 1 – State on 21.08.2009. The petitioner was serving in Zilla Parishad, Dhule, as Clerk and he was given charge of post of Cashier. During the period 1987-1991, several offences came to be registered against him alleging that he has committed misappropriation of funds of Zilla Parishad, Dhule. The chart of those cases and the conviction that has been awarded to him has been given as under : -

Sr.

Crime No.

Session Case No.

Date of Decision

Sentence imposed

Sentence undergone

1.

441 of 1990

06 of 1991

04.08.1994

Life imprisonment and fine of Rs. 10,14,000/- in default 5 years.

Totally undergone. Directed to be released from Jail on 21.08.2009

2.

451 of 1991

120 of 1996

26.12.2001

7 years concurrently and fine of Rs. 2,25,000/- in default 3 years and 3 months.

Totally undergone.

3.

450 of 1991

99 of 1996 [2006]

31.10.2001

7 years concurrently And fine of Rs. 2,25,000/- in default 4 years.

Totally undergone.

4.

125 of 1992

115 of 1996

05.05.2005

10 years concurrently And fine of Rs. 7,50,000/- in default 6 years.

Totally undergone.

5.

136 of 1989

05 of 1991

10.03.2006

7 years And fine of Rs. 3,00,000/- in default 3 years.

Totally undergone.

6.

423 of 1990

03 of 1991

12.02.2007

10 years concurrently And fine of Rs. 5,00,000/- in default 15 years.

Totally undergone.

7.

424 of 1990

02 of 1991

20.02.2013

10 years concurrently And fine of Rs. 5,00,000/- in default 3 years.

Totally undergone.

8.

436 of 1990

07 of 1991

30.12.2015

10 years concurrently And fine of Rs. 10,00,000/- in default 7 years.

Totally undergone.

3. The petitioner has given the copies of the Judgments. It will have to be mentioned that he had filed Criminal Appeal No. 19/2002, challenging his conviction before this Court. It was heard along with other appeals, which were filed by co-accused, by this Court (Single Bench) and came to be decided on 06.05.2011. His appeal came to be partly allowed. His conviction for the offence punishable under Section 409 of the IPC was maintained, however, conviction under Section 477A r/w 120B was set aside. Thereafter he had also filed Criminal Appeal No. 482/2001 challenging his conviction and sentences in Special Case No.99/1996 passed by learned Special Judge, Dhule and this Court by decision dated 05.09.2014 was dismissed. Another Criminal Appeal No. 283/2006 was filed by him ch

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