IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, J.
Trilok Chand Middha S/o Shri Mangat Ram - Petitioner
Versus
State Of Rajasthan, Through Pp - Respondent
S.B. Criminal Misc(Pet.) No. 1121/2022
Decided On : 18-04-2022
Indian Penal Code, 1860 – Section 395 – Criminal Procedure Code, 1973 – Section 482, 427 – Negotiable Instruments Act, 1881 – Section 138 – Punishment for dacoity – Saving of inherent powers of High Court – Learned counsel for petitioner makes a limited submission that petitioner's sentence in two cases of same order be permitted to run concurrently – Held, Court allow appellants to have the benefit of all the sentences to run concurrently, he would be out by now after serving only imprisonment for a period of 7 years awarded in one case – Both courses are unacceptable to us and, therefore, court thought of a via-media which would be consistent with administration of criminal justice – After bestowing our anxious consideration court thought that if appellants would undergo a total period of 14 years of imprisonment in respect of all convictions passed against them that will be sufficient to meet ends of justice – Petition allowed.
ORDER :
1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
2. Learned counsel for the petitioner makes a limited submission that petitioner's sentence in two cases of the same order be permitted to run concurrently. The details of the cases are as follows:-
| Sr. No. | Case No. | Court | Date of Decision | Sentence + Fine/Compensation |
| 1. | 112/2010 | Special Judicial Magistrate, N.I. Court, Srigangangar | 17.08.2017 | 1 years S.I. and Pay Rs.2,30,000 as fine |
| 2. | 122/2010 | Special Judicial Magistrate, N.I. Court, Sriganganagar | 17.08.2017 | 1 years S.I. and Pay Rs.2,30,000 as fine |
3. Learned counsel for both the parties fairly concede that the present case is squarely covered by the decision rendered in S.B. Criminal Misc. Petition No. 2883/2014 Rajender Kabra Vs. State of Rajasthan decided on 17.02.2017. The relevant portion of the judgment in Rajender Kabra (supra) reads as under:
“This second criminal misc. petition under section 482 CrPC has been preferred on behalf of the petitioner with a prayer that the sentences awarded to him in 32 different cases for the offence punishable under section 138 of the Negotiable Instruments Act, details of which are being provided in later part of this order, may be ordered to run concurrently.
The earlier S.B. Criminal Misc. Petition No.113/2013 preferred by the petitioner before this Court was disposed of by a Co-ordinate Bench of this Court on 16.05.2013. The order dated 16.05.2013 is reproduced hereunder:
“The present petitioner had issued cheques to various persons. Counsel for the petitioner submits that due to bad financial condition of the petitioner and the circumstances beyond his control, all the cheques bounced and petitioner has been convicted in 32 cases.
In the present petition, prayer has been made that sentences awarded in 32 cases may be ordered to run concurrently.
Counsel for the petitioner very fairly submits that as per judgment of the Hon'ble Apex Court, it is only appellate Court or revisional Court which can direct that the sentences should run concurrently and this power cannot be exercised under Section 482 Cr.P.C. Therefore, counsel for the petitioner submits that a directions be given to the State Government to consider the representation of the petitioner sympathetically, otherwise, if the sentences are made to run concurrently, the petitioner shall remain behind the bars for 35 years.
After hearing counsel for the parties, present petition is disposed of in terms of the statement made by the counsel for the State.
Let petitioner file a representation to the State Authorities for remitting the sentence or ordering that the sentence awarded upon the petitioner in all cases shall ran concurrently. In case, such a representation is preferred within two weeks' from today, the State Authorities shall take a conscious decision thereupon within two months. Liberty is also granted to petitioner to take recourse to lawful remedy in case State Authorities decline the representation.”
The petitioner has preferred this criminal misc. petition claiming that though pursuant to the order passed by this Court in S.B. Cr.Misc. Petition No.113/2013, wife of the petitioner had already moved a representation to the Chief Secretary of the Government of Rajasthan but the same was returned with a remark that she may move a representation before the Government of India. It is averred in the petition that as the prescribed two weeks’ time for making representation on behalf of the petitioner has already been expired, therefore, the petitioner is again approaching this Court by way of this criminal misc. petition seeking above mentioned relief. In the meantime, a refere
SupremeToday
Concurrent running of sentences is permissible under Section 427 Cr.P.C. for substantive sentences only, not for default sentences.
The court applied the discretion under section 427 Cr.P.C. to allow concurrent running of substantive sentences, considering the petitioner's prolonged detention and the nature of the offences.
The court applied section 427 Cr.P.C. and relevant Supreme Court precedents to allow concurrent running of substantive sentences for multiple convictions under section 138 of the N.I. Act, considerin....
As per Section 427 Code of Criminal Procedure, in normal course a person already undergoing a sentence of imprisonment, if sentenced on a subsequent conviction to imprisonment, such imprisonment comm....
provisions of section 427 of the CrPC do not permit a direction for concurrent running of substantive sentences with the sentences awarded in default of payment of fine/compensation
The court established that under Section 427 of the Cr.P.C., it can direct sentences to run concurrently to prevent excessive imprisonment and ensure justice.
: Life convicts have been held entitled to benefit of subsequent sentence, being run concurrently, be it life term or of any lesser term then the different yardstick cannot be applied for those perso....
The court upheld the legislative intent of section 427 Cr.P.C. and relevant precedents to allow concurrent running of substantive sentences to prevent prolonged imprisonment.
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