IMPORTANT POINT
The court affirmed that under Section 427 CrPC, sentences for multiple convictions may run concurrently unless compelling reasons dictate otherwise.

ORDER :

1. Petitioner has preferred this Criminal Misc. Petition under Section 482 Cr.P.C. with a prayer that the sentences awarded to the petitioner in three cases (Annexure-1 to Annexure-3 of the misc. petition) may be ordered to run concurrently.

2. It is contended by counsel for the petitioner that petitioner stands convicted and sentenced in three cases, the details whereof are produced herein-below:

3. Learned counsel submits that the sentences, awarded to the petitioner in all three cases are not running concurrently, and in absence of any specific order, regarding sentence to run concurrently, the petitioner has to serve the sentence of first case and on completion of thereof, the sentence of second case. Learned counsel for the petitioner has placed reliance upon the order passed by Coordinate Bench of this Court in the case of Laxmi Narayan v. State of Rajasthan and Ors. rendered in S.B. Criminal Misc. Petition No. 563/2017 in which, the learned Coordinate Bench has discussed the decisions of Hon'ble Supreme Court rendered in State of Punjab v. Madan Lal, AIR 2009 SC (Supp) 2836, V.K. Bansal v. State of Haryana & Ors. 2013 Cr.L.J. 3986, Shyam Pal v. Dayawati Besoya & Anr. AIR 2016 SC 5021 and in Ammavasai & Anr. v. Inspector of Police & Ors. AIR 2000 SC 3544, and has held as under:

“As per sub-section (1) of Section 427 CrPC when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such imprisonment shall commence at the expiration of the imprisonment to which he has been that the subsequent sentence previously sentenced, unless the court direct shall run concurrently with such previous sentence:

As per second proviso to sub-section (1) of section 427 CrPC where a person who has been sentenced to imprisonment by an order under section 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.

Sub-Section (2) of section 427 CrPC provides that when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.

From the above, it can be gathered that the intention of legislature is that even the 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 persons, who have been awarded sentence or lesser duration than life unless there are compelling reasons to do so. In this case, I do not see any compelling reason to order that all the sentences awarded to the petitioner in all 14 cases would run consecutively.”

4. Learned Public Prosecutor has not disputed the factual aspects of the matter. However, he has opposed the prayer to invoke Section 427 Cr.P.C. in the matter.

5. I have heard and considered the submissions advanced at bar and have gone through the material available on record.

6. Section 427 Cr.P.C. provides for s