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MANOJ KUMAR GARG
Prem Singh @ Prem Chand @ Chittarmal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Instant matter comes up on an application under Section 482 Cr.P.C read with Section 427 Cr.P.C with the prayer that the substantive sentence awarded to the petitioner in Criminal Case NO. 377/2015 (130/2015)(296/1998) passed by learned Additional Chief Judicial Magistrate, Jahajpur, District Bhilwara vide judgment dated 29.11.2016 and in Criminal Case No. 05/2014 passed by learned Additional Chief Judicial Magistrate No. 9, Jaipur Metropolitan vide judgment dated 02.12.2016 may be ordered to run concurrently.
2. Learned counsel for the petitioner submits that total two cases were registered against the petitioner. In Criminal case No. 377/2015, the petitioner has been convicted for offence under Section 420, 468, 473 IPC and sentenced to 07 years RI alongwith fine. Against the said judgment, petitioner filed an appeal before the learned Additional Sessions Judge, Shahpura, District Bhilwara and same was dismissed vide order dated 13.06.2017 against which, petitioner has filed revision Petition No. 1418/2017. In another Criminal case No. 05/2014, the petitioner has been convicted for offence under Section 420, 419, 406, 120B IPC and sentenced to 05 years R.I alongwith fine
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 affirmed that under Section 427 CrPC, sentences for multiple convictions may run concurrently unless compelling reasons dictate otherwise.
The court may direct sentences to run concurrently under Section 482 of Cr.P.C., considering the nature of offenses and the defendant's likelihood of reform.
Consecutive sentences are standard unless a court explicitly directs otherwise; offenses must be distinct for concurrent sentencing to apply.
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 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 main legal point established in the judgment is the discretionary powers of the criminal courts in applying Section 427 Cr.P.C. and determining the concurrent running of sentences in multiple cas....
Prior term sentences must be served before subsequent life sentence under Section 427(1) CrPC unless court directs concurrency; Section 427(2) applies only when prior sentence is life imprisonment.
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