Back
ANIL KUMAR UPMAN
Ajeet Singh – Appellant
Versus
State of Rajasthan – Respondent
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:
| S. No. | Case Detail | Judgment | Punishment |
| 1. | Sessions Case No. 204/2019 (CIS No. 11/19) | Judgment dated 10.01.2020, passed by Special Judge (Sati Nivaran) & Additional Sessions Judge, Jaipur Metropolitan | For offence under Section 302/34 IPC-Life imprisonment |
| 2. | Sessions Case No. 03/2018 (45/2016) | Judgment dated 25.07.2018, passed by Additional District & Session Judge No. 3, Jaipur | 4 years (u/s 333 IPC) |
| 2 years (u/s 353 IPC) | |||
| 3. | Sessions Case No. 6/2015 (CIS No. 1/2015) | Judgment dated 04.09.2015, passed by learned-Additional Sessions Judge No. 4, Jaipur | 20 years [u/s 376(D) IPC] |
| 5 years (u/s 366 IPC) | |||
| 6 months (u/s 342 IPC) | |||
| 2 years (u/s 384 IPC) | |||
|
|
The court affirmed that under Section 427 CrPC, sentences for multiple convictions may run concurrently unless compelling reasons dictate otherwise.
The court may exercise discretion under Section 427 Cr.P.C. to allow concurrent sentences to meet the ends of justice, while default sentences for non-payment of fines must run consecutively.
The court can exercise discretion under Section 427 Cr.P.C. to order concurrent sentences when justice requires, especially if the offender has served a significant portion of their sentence.
The court clarified that unless explicitly ordered, sentences from multiple convictions run consecutively under Section 427 of Cr.P.C., accommodating set-off for time served, emphasizing the legislat....
The court can exercise discretion under Section 427 CrPC to allow concurrent sentences to prevent excessive punishment and ensure justice.
The court established that discretion under Section 427 Cr.P.C. can be exercised to allow concurrent sentences to prevent injustice.
where there are different transactions, different crime numbers and disposal of those by judgments of different courts, direction to serve the sentences imposed concurrently cannot be issued under Se....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
