IMPORTANT POINT
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.

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 has submitted the jail custody certificate of the petitioner issued by the Superintendent, Central Jail Bharatpur dated 09.03.2024 as per which, the petitioner has already undergone sentence of 4 months and 25 days in connection with the sentence passed in Criminal Case No. 2944/2014. Custody certificate has taken on record. 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 and submits that in the said case, 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, have been discussed and it has been 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 beens 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 ca