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2013 Supreme(HP) 905

SURINDER SINGH, RAJIV SHARMA
Sushil Kumar alias Shashi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anoop Chitkara, Amicus Curiae.
For the State-Respondent:Mr. P.M. Negi, Deputy Advocate General.

JUDGMENT :

Surinder Singh, J. - The instant petition, addressed to the Hon'ble Chief Justice by convict Sushil Kumar alias Shashi, undergoing sentence in two different cases, received through Superintendent Jail, was ordered to be taken-up on judicial side. Shri Anoop Chitkara, Advocate, vide order dated 13.9.2012, was appointed as Amicus Curiae to assist the Court.

2. We have heard learned Amicus Curiae and learned Deputy Advocate General.

3. The proposition raised before us is whether a direction can be issued by this Court while exercising the powers under Section 482 of the Code of Criminal Procedure to order the sentences already passed and upheld in appeal in two different cases, to run concurrently?

4. In short, the facts are that the petitioner aforesaid was charge-sheeted and convicted by the learned trial Court for attempt to murder and trespass, thus sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/-, for the offence punishable under Section 307 of the Indian Penal Code and rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- under Section 452 of the Indian Penal Code with his co-accused and also to pay a c


















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