KOSHY, J. :- Whether an application under S. 482 of the Code of Criminal Procedure ('the Code', for short) claiming the benefit under S. 427 of the Code is maintainable, is the question to be considered in this case.

Section 427(1) of the Code reads as follows :

"427. Sentence on offender already sentenced for another offence. - (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence :

Provided that where a person who has been sentenced to imprisonment by an order under S. 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately."

In Subramanian v. State of Kerala (1983 KLT 452) : (1983 Cri LJ 1262), this Court held that such power can be exercised in a petition under S. 482 of the Code. But in M. R.