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IN THE HIGH COURT OF DELHI
SURESH KUMAR KAIT, J.
Yamin - Appellant
Versus
The State (Govt of NCT of Delhi) - Respondent
Crl.A. No. 769 of 2015 & Crl.M.A. No. 230 of 2019
Decided On : 11-01-2021
Concurrent Running of Sentences - Criminal Appeal - Section 307/324/34 IPC, Section 394/397 IPC - 427 Cr.P.C. - Summary of Acts and Sections: Section 427 Cr.P.C., Section 307/324/34 IPC, Section 394/397 IPC - The court discussed the application of Section 427 Cr.P.C. and the concurrent running of sentences awarded in different cases. It highlighted the legislative intent, interpretation of penal statute, and the discretionary powers of the criminal courts in this regard. The court also referred to precedents and conflicting judgments to reach its decision.
Fact of the Case:
The appellant sought concurrent running of sentences in three different cases. The court considered the appellant's criminal antecedents, family background, and the report of the Probation Officer. It also discussed the legislative intent and discretionary powers of the criminal courts in applying Section 427 Cr.P.C.
Finding of the Court:
The court allowed the concurrent running of sentences in two cases and dismissed the appeal while maintaining the orders of conviction and sentence.
Issues: The main issue was the appellant's request for concurrent running of sentences in multiple cases and the consideration of his criminal antecedents and family background.
Ratio Decidendi: The court's decision was based on the application of Section 427 Cr.P.C., the appellant's circumstances, and the discretionary powers of the criminal courts in determining the concurrent running of sentences.
Final Decision: The court allowed the concurrent running of sentences in two cases and dismissed the appeal while maintaining the orders of conviction and sentence.
JUDGMENT :
CRL.M.A.No. 230/2019 in CRL. A. 769/2015
1. The hearing has been conducted through video conferencing.
2. Present applicant had filed the appeal mentioned above by seeking prayer as under:
3. However, the appellant moved present application under section 427 read with section 482 Cr.P.C., seeking disposal of the appeal with a direction that the seven years sentence awarded to the appellant in case FIR No.1013/2004 for the offence punishable under section 307 IPC registered at Police Station Uttam Nagar should run concurrently with 10 years sentence awarded in case FIR No.67/2011 for the offence punishable under section 394/397 IPC registered at Police Station Swaroop Nagar; or, that in alternative, the sentence be reduced to the period already undergone.
4. The application came on hearing on 14.08.2019 before this Court and notice was issued. Thereafter, the issue of sentences to run concurrently (as in present application) was carried out by a co-accused namely Vicky @ Vikash in the case arising out of FIR No.65/2007 registered at Police Station Swaroop Nagar in which by order dated 31.01.2020 passed in Crl.A. No.208/2020, the Hon’ble Supreme Court has allowed the plea taken by the abovenamed co-accused. The said case is reported as 2020 SCC OnLine SC 116.
5. During hearing of the present application on 02.07.2020, learned APP for State argued that the applicant/appellant has criminal antecedents and has been involved in 21 other cases. Accordingly, vide order dated 02.07.2020, the Social Welfare Department of the Government of NCT of Delhi was directed to appoint a Probation Officer, to examine the appellant’s case and assess the family background, the family situation, the chances of reformation and reintegration of the appellant with family and society and other relevant factors, as per the protocol of the said Department, and submit the report.
6. Pursuant to the directions of this Court, Probation Officer, Mandoli Jail filed its report dated 21.07.2020 wherein stated as under:
Personal History:- Accused/convict Yamin is 38 years old and married. He is presently lodged in Central Jail No.12, Mandoli, Delhi and his family lives in own substandard house built in an area around 25 sq. yards. along with family on the above said address, which comprises of 05 people. He is illiterate and wishes to live a normal social life after his release from the jail. He was running a meat shop to earn his livelihood as narrated by the convict. He is sole bread earner in his family.
Details regarding Behaviour, Habits and moral values etc:- The convict is habitual of beedi smoking, gutkha chewing and other prohibited and health threatening substances. He was addicted of intoxicants before his jail tenure. It has been narrated by the jail officials and also verified from the jail reports that the convict is indulged in nuisance conduct and engages in quarrels, threatening and undesirable behaviour with fellow convicts and jail officials. A summary of punishments/warnings imposed on the convict in the jail is enclosed herewith as Annexure-A.
Temperament, Character & Personality Traits:- The convict is aggressive and short tampered in his behaviour and emotionally unstable. He becomes violent too and none of the staff or fellow convicts has any appreciation for his behaviour.
Physical and Mental History and Present Conditions:- Convict’s mental condition appeared to be normal and he shares about his
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