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Trilok Chand Middha S/o Shri Mangat Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
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) r
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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