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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Purkharam – Appellant
Versus
State – Respondent
Order :
1. This misc. petition under Section 482 Cr.P.C. has been preferred claiming the following relief:
“It is, therefore, respectfully prayed that this Misc. application may kindly be allowed and the above mentioned substantive sentences awarded to the accused petitioner in Criminal Case No. 27/2009 passed by Learned Special Judge Sc/St Prevention of Atrocities Cases, Jodhpur and Session case No. 06/2012 passed by Special Judge NDPS Cases, Jodhpur may kindly be ordered to run concurrently.
Any other appropriate order or direction which the Hon'ble Court deems just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”
2. It is revealing that vide judgment dated 22.08.2016, he was sentenced to suffer seven years rigorous imprisonment. In a subsequent criminal case being criminal case No.27/2009, he was convicted for office under Sections 323, 325 and 347 of IPC vide judgment dated 11.5.2017 sentenced to suffer three years of imprisonment.
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 Rajas
The court can exercise discretion under Section 427 CrPC to allow concurrent sentences to prevent excessive punishment and ensure justice.
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....
Concurrent running of sentences is permissible under Section 427 Cr.P.C. for substantive sentences only, not for default sentences.
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.
The court applied the discretion under section 427 of the CrPC to allow concurrent running of substantive sentences, considering the petitioner's financial constraints and the total length of sentenc....
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
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....
: 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 established that under Section 427 of the Cr.P.C., it can direct sentences to run concurrently to prevent excessive imprisonment and ensure justice.
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