P.SUBRAMONIAN POTI, T.CHANDRASEKHARA MENON
SUBRAMONIAN – Appellant
Versus
STATE OF KERALA – Respondent
T. Chandrasekhara Menon, J.
These cases had earlier come up for hearing before one of us (the Acting Chief Justice) and Justice Vadakkel when the court passed the following order:
“An interesting question which, though of daily occurrence, does not appear to have been posed in this forum arises for decision before us on applications by two prisoners in the Cannanore Central Jail. They were charged in C.C. No. 2/82 of the Judicial First Class Magistrate’s Court, Chalakudy as also C.C. No. 6/82 of that court. They were convicted in both the cases and the sentences have not been directed to be run concurrently. Their prayer in the petitions is that the sentences may be directed to be run concurrently. This necessarily gives rise to the question as to the circumstances under which a court should normally exercise the discretion to award the sentences concurrently rather than consecutively. The Criminal Procedure Code does not specify the situations under which a court would be justified in directing sentences to run concurrently though the provisions of the Criminal Procedure Code indicate that it is open to the court to direct the sentences to run concurrently. This is a question
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