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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Prince @Vicky – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
Petitioner-Prince @Vicky has filed the present petition, under Section 482 read with Section 427 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’), with a prayer to order the concurrent running of sentences, awarded to him, in cases, FIR No.382/2016 dated 01.12.2016, registered under Section 457, 380 and 411 of the Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station Paonta Sahib, District Sirmaur, H.P., and FIR No.385/2016 dated 04.12.2016, registered under Sections 457 and 511 of IPC, with Police Station Paonta Sahib, District Sirmaur, H.P.
2. According to the petitioner, he has been convicted by the Court of learned Judicial Magistrate First Class, Court No.2, Paonta Sahib, District Sirmaur, H.P. (hereinafter referred to as the ‘trial Court’), in relation to FIR No.382/16 (supra) and has been sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.250/- for the commission of offence, punishable under Section 457 of IPC. He has further been sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.250/- for the commission of offence, punishab
The court has discretion under Section 427 of CrPC to order concurrent sentences, which must be exercised judiciously based on the nature of the offences and circumstances of the case.
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....
Concurrent sentences under Section 427 of the Code of Criminal Procedure can only be granted when the offenses arise from a single transaction; distinct and independent offenses do not qualify for su....
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 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.
The court affirmed that under Section 427 CrPC, sentences for multiple convictions may run concurrently unless compelling reasons dictate otherwise.
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.
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....
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