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High Court Of Rajasthan
Judgename : MOHD.YAMIN
MAGAN ALIAS MAGNIA - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CRI. MISC. PETN. 796 Of 1997
Decided On : 12/16/1997
CRIMINAL PROCEDURE CODE - SECTION 427 - CONCURRENT SENTENCES - COURT'S POWER TO ORDER - CONDITIONS - INTERPRETATION - COURT'S DISCRETION - FACTORS CONSIDERED - SYMPATHY FOR YOUNG OFFENDER - NATURE OF OFFENCES - TOURIST IMPORTANCE OF LOCALITY - SENTENCES ORDERED TO RUN CONCURRENTLY IN APPROPRIATE CASES.
Fact of the Case:
Petitioner, a 25-year-old man, was convicted in 15 separate cases of theft and sentenced to various terms of imprisonment, totaling 13 years and six months. He sought an order from the High Court directing that the sentences run concurrently, rather than consecutively, as provided under Section 427 of the Code of Criminal Procedure (CrPC).
Finding of the Court:
The court acknowledged the petitioner's young age and the fact that he had confessed his guilt in the belief that a Lok Adalat would treat him with clemency. However, the court also noted the seriousness of the offenses, which included the theft of items such as bicycles, tape recorders, speakers, cassettes, cash, and silver lamps, some of which were committed in a tourist area.
Issues: 1. Whether the court has the power to order that sentences passed in different cases run concurrently, even if the trial court did not specifically direct so. 2. Whether the petitioner deserves sympathy and leniency in sentencing, considering his age and confession of guilt. 3. Whether the nature of the offenses and the tourist importance of the locality where they were committed warrant ordering the sentences to run concurrently.
Ratio Decidendi: 1. The court held that it has the inherent power, under Section 427 of the CrPC, to order that sentences passed in different cases run concurrently, even if the trial court did not specifically direct so. 2. The court recognized that the petitioner deserved sympathy due to his young age and confession of guilt. However, it also considered the seriousness of the offenses and the fact that they were committed in a tourist area, which could deter tourism. 3. The court concluded that, while the petitioner deserved sympathy, the nature of the offenses and the tourist importance of the locality warranted ordering the sentences to run concurrently, rather than consecutively.
Final Decision: The court ordered that the sentences passed in the different cases be made to run concurrently, as specified in a tabular statement annexed to the judgment.
MOHD. YAMIN, J.
( 1 ) THIS is a petition under Sec. 482 Cr. P. C. for giving effect to the various sentences on conviction passed by competent court to run concurrently.
( 2 ) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length.
( 3 ) FOR the purpose of convenience, it may be stated that the accused petitioner was convicted in the following cases :-1. Regular Criminal Case No. 448/88 (State v. Magan and another) convicted for offences punishable under Sec. 457/75 and 380/75 IPC) and sentenced as under vide judgment dated 17-11-95 :- u/s. 457/75 IPC : One year S. I. and a fine of Rs. 500/ -. u/s. 380/75 IPC : One year S. I. and a fine of Rs. 500/-2. Regular Criminal Case No. 199/91 (State v. Magan) convicted for offence punishable under Sec. 379 IPC vide judgment dated 2-12-95 and sentenced to undergo one year S. I. 3. Regular Criminal Case No. 200/91 (State v. Magan) convicted for offence punishable under Sec. 379 IPC vide judgment dated 2-12-95 and sentenced to undergo one year S. I. 4. Regular Criminal Case No. 202/91 (State v. Magan) Convicted for offence punishable under Sec. 379 IPC vide judgment dated 20-11-95 and sentenced to undego one year S. I. 5. Regular Criminal Case No. 207/91 (State v. Magan) Convicted for offence punishable under Sec. 379 IPC vide judgment dated 2-12-95 and sentenced to undergo one year S. I. 6. Regular Criminal Case No. 201/91 (State v. Magan) Convicted for offence punishable under Sec. 379 IPC vide judgment dated 27-11-95 and sentenced to undergo six months S. I. 7. Regular Criminal Case No. 619/95 (State v. Magan and another) Convicted for offences punishable under Sections 457/75 and 380/75 vide judgment dated 27-11-95 and sentenced as under :- u/s. 457/75 IPC : One years S. I. and a fine of Rs. 500/ -. u/s. 380/75 : One years S. I. and a fine of Rs. 500/ -. 8. Regular Criminal Case No. 608/95 (State v. Magan) Convicted for offences punishable under Sections 457 and 380 vide judgment dated 15-11-95 and sentenced as under :- u/s. 457 IPC : Six months S. I. and a fine of Rs. 300/ -. u/s. 380 IPC : Six months S. I. and a fine of Rs. 300/ -. 9. Regular Criminal Case No. 609/95 (State v. Magan) Convicted for offences punishable under Sections 457 and 380 vide judgment dated 15-11-95 and sentenced as under :- u/s. 457 IPC : Six months S. I. and a fine of Rs. 300/ -. u/s. 380 IPC : Six months S. I. and a fine of Rs. 300/ -. 10. Regular Criminal Case No. 614/95 (State Magan) Convicted for offences punishable under Sections 457 and 380 IPC vide judgment dated 2-12-95 and sentenced as under :- u/s. 457 IPC : One years S. I. and a fine of Rs. 300/ -. u/s. 380 IPC : One years S. I. and a fine of Rs. 300/ -. 11. Regular Criminal Case NO. 615/95 (State v. Magan) Convicted for offences punishable under Sections 457 and 380 IPC vide judgment dated 2-12-95 and sentenced as under :- u/s. 457 IPC : One years S. I. and a fine of Rs. 300/ -. u/s. 380 IPC : One years S. I. and a fine of Rs. 300/ -. 12. Regular Criminal Case No. 616/95 (State v. Magan) Convicted for offences punishable under Section 379 IPC vide judgment dated 2-12-95 and sentenced to undergo one years S. I. 13. Regular Criminal Case No. 617/95 (State v. Magan) Convicted for offences punishable under Sections 457 and 380 vide judgment dated 2-12-95 and sentenced as under :- u/s. 457 IPC : One years S. I. and a fine of Rs. 300/ -. u/s. 380 IPC : One years S. I. and a fine of Rs. 300/ -. 14. Regular Criminal Case No. 618/95 (State v. Magan) Convicted for offences punishable under Sections 457/75 and 380/75 vide judgment dated 18-11-95 and sentenced as under :- u/s. 457/75 IPC : One years S. I. and a fine of Rs. 300/ -. u/s. 380/75 IPC : One years S. I. and a fine of Rs. 300/ -. 15. Regular Criminal Case No. 628/95 (208/91) (State v. Magan) Convicted for offences punishable under Sections 457 and 380 IPC vide judgment dated 2-12-95 and sentenced as under :- u/s. 457 IPC : One years S. I. and a
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