Point of Law: 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 concurrently.

ORDER :

1. The petitioner has filed the present petition under Article 226 of the Constitution of India seeking quashment of order dated 04.05.2021 (Annexure P/6) passed by Additional Sessions Judge, Jashpur, District Jashpur (C.G.) whereby application filed by the petitioner under Section 432 of Cr.P.C. for grant of relief to run all the sentences concurrently, has been rejected. He has also prayed for remission of sentences which is remaining or adjust the sentences of Sections 363, 366, 376 and 346 of IPC with the sentence awarded in Section 302 of IPC which is already remitted by the State Government.

2. The brief facts, as projected by the petitioner, are that petitioner was convicted vide order dated 12.06.2002 (Annexure P/1) passed by Second Additional Session Judge (F.T.C.) Jashpur, District Jashpur (C.G.) in Session Trial No. 52/2002 and sentences awarded to him in the following manner:

3. The petitioner along with other co-accused namely Sanjeev Tirki challenged the order dated 12.06.2002 (Annexure P/1) passed by Second Additional Sessions Judge (F.T.C.) Jashpur before this Court and Hon'ble Divisional Bench of this Court vide its order dated 17.02.2010 (Annexure P/2) maintained the sentence awarded to the petitioner under Sections 376/34 and 346/34 of IPC and altered conviction of the petitioner under Sections 363/34, 366/34 and 302/34 of IPC as sentences under Sections 363, 366 and 302 of IPC. The operative part of the order passed by this Court is extracted below:

“31. On close scrutiny of the evidence available on record we are of the considered view that the appellant Shekshpear has committed the offence punishable under Sections 363/34, 366/34, 376/34 (virtually of gang rape), 346/34 and 302/34 of the Indian Penal Code and appellant Harsh Sanjeev Tirki has committed the offence punishable under Sections 376/34 (virtually of gang rape), 302/34 and 346/34 of the Indian Penal Code. Consequently, the criminal appeal is partly allowed. Conviction and sentence of appellants Shekshpear and Harsh Sanjeev Tirki under Sections 376/34 and 346/34 of the Indian Penal Code is hereby maintained. Conviction of the appellant Shekshpear under Sections 363/34, 366/34 and 302/34 of the Indian Penal Code are altered into under Sections 363, 366 and 302 of the Indian Penal code and sentenced Rigorous Imprisonment for 3 years and fine of Rs. 500/- in default of payment of fine amount additional simple imprisonment for 15 days, rigorous imprisonment for 3 years and fine of Rs. 500/- in default of payment of fine amount additional simple imprisonment for 15 days, imprisonment for life and fine of Rs. 5,000/- in default of payment of fine amount additional simple imprisonment for 5 months. Appellant Hash Sanjeev Tirki is acquitted of the charges of under Sections 363/34 and 366/34 of the Indian Penal Code and his conviction and sentence under Section 302/34 of the Indian Penal Code is hereby maintained.”

4. It has been further contended by learned counsel for the petitioner that since the petitioner has completed more than 14 years of sentence, therefore, his case was sent to the State Government for grant of remission and the Additional Secretary, Government of Chhattisgarh, Home (Jail) Department vide its order dated 04.09.2019 (Annexure P/3) granted remission to the petitioner as per the power conferred under Section 432 (1) of the Cr.P.C. in which, name of the appellant is mentioned at Serial No. 5. It has been further conten