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RAJEEV RANJAN PRASAD
Nagmani Mandal @ Manish Mandal, Son of Bateshwar Mandal – Appellant
Versus
State of Bihar, through The Chief Secretary – Respondent
JUDGMENT :
(Rajeev Ranjan Prasad, J.)
Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners in the present writ application are seeking the following reliefs:-
(ii) For holding that having being remanded from S.T No. 141/2015 to S.T No. 190/2015 the petitioners are entitled to have the sentences to be treated as concurrently and not consecutively.
(iii) For direction to respondents authorities to release the petitioners from jail as they have served the sentences as awarded in both trial (S.T Case No. 141/15 and S.T. Case No. 190/15) on 04.02.2022 concurrently.
(iv) And for any other relief, relief’s for which the petitioners
Sentences for separate convictions generally run consecutively unless the court explicitly orders them to run concurrently, as per Section 427 of the CrPC.
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....
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 ....
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....
Point of Law : Under sub-section (2) of S.31, there cannot be a sentence exceeding 14 years.
Petitioner is not entitled for the relief as contended in the petition to make the sentence as concurrent instead of consecutive and there is an explicit proviso under Section 426 of Cr.P.C., with re....
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