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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH KOLHAPUR
MADHAV J.JAMDAR, PRAVIN S.PATIL
Ronald James Alvares – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Jaiswal, learned Advocate for the petitioner and Mr. Shrikant Yadav, learned APP for the respondents-State.
2. By the present writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the legality and validity of the order dated 19th September 2025 passed by the Under Secretary, Home Department, State of Maharashtra in exercise of powers under Section 433A of the Code of Criminal Procedure, 1973 (for short “CrPC”). By the said order, it has been directed that the petitioner be released after completion of 14 years of actual imprisonment and 30 years of imprisonment with remission and the petitioner was directed to further undergo imprisonment for 10 years and to pay a fine of Rs.200/-, in default to undergo imprisonment for one month, for the offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (for short “IPC”).
3. It is the submission of Mr. Jaiswal, the learned Advocate for the petitioner, that the Supreme Court imposed punishment of life imprisonment upon the petitioner and further directed that the sentences for the offences for which the petitioner was convicted, except under Sec
Direction for 10-year sentence under gang rape provision to run consecutively after life imprisonment overruled by Constitution Bench; life sentences superimposed, not consecutive, preventing additio....
Sentence - Trial Court has awarded sentence to be run separately which has been affirmed by Divisional Bench of this Court also, therefore, this Court cannot issue direction to run both the sentences....
Point of Law : Under sub-section (2) of S.31, there cannot be a sentence exceeding 14 years.
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.
Point of Law : While multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be ....
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.
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