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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
SANDIPKUMAR C.MORE, ABASAHEB D.SHINDE
Kailas Shankar Navekar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition seeks concurrency of prior term sentences with subsequent life imprisonment. (Para 1 , 2 , 3) |
| 2. petitioner convicted in separate trials: prior rape/kidnap, later murder/rape. (Para 4 , 5 , 6 , 7) |
| 3. parties argue applicability of crpc s427(1) vs (2) for concurrency. (Para 8 , 9 , 10 , 11) |
| 4. s427(1): prior term then life consecutive unless directed; s427(2): prior life mandates concurrent. (Para 12 , 13) |
| 5. petitioner's precedents inapplicable due to reverse sentence sequences. (Para 14 , 15 , 16 , 17) |
| 6. term precedes life; discretion considers brutal offences; no automatic concurrency. (Para 18 , 19 , 20) |
| 7. falls under s427(1); no concurrency benefit; writ petition dismissed. (Para 21 , 22 , 23) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties, heard finally at the admission stage.
2. By this Writ Petition under Article 226 of the Constitution of India, the petitioner has put forth the following prayers :
“A. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent-authorities to treat the sentences awarded to the petitioner in (i) Sessions Case No. 100/200
Prior term sentences must be served before subsequent life sentence under Section 427(1) CrPC unless court directs concurrency; Section 427(2) applies only when prior sentence is life imprisonment.
The court clarified that unless explicitly ordered, sentences from multiple convictions run consecutively under Section 427 of Cr.P.C., accommodating set-off for time served, emphasizing the legislat....
Defiance of Parole order – When a sentence of imprisonment for a term is passed under the Code on an escaped convict, Section 426(2)(a) Cr.P.C., is applicable and Court has to take note of explicit p....
The High Court has the authority to direct sentences from separate convictions to run concurrently under Section 427 of the Code of Criminal Procedure, ensuring fair treatment in sentencing.
The court may direct sentences to run concurrently under Section 482 of Cr.P.C., considering the nature of offenses and the defendant's likelihood of reform.
The main legal point established in the judgment is the discretionary powers of the criminal courts in applying Section 427 Cr.P.C. and determining the concurrent running of sentences in multiple cas....
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