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.

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, punishable under Section 380 of IPC. In default of payment of fine, he has further been directed to undergo simple imprisonment for a period of 10 days, vide judgment of conviction and order of sentence dated 25.03.2023, copy whereof has been annexed with the petition as Annexure P-1.

3. It has been averred in the petition that at present, the petitioner is undergoing sentence. According to him, during his custody, he has been convicted in relation to FIR No.385/2016 (supra), by the learned trial Court, and has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1,000/- for the commission of offence, punishable under Section 457 of IPC and in default of payment of fine, he has further been directed to undergo simple imprisonment for a period of 10 days. He has further been sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.500/- for the commission of offence, punishable under Section 511 of IPC. In default of payment of fine, he has further been directed to undergo simple imprisonment for a period of 05 days, vide judgment of conviction and order of sentence dated 20.10.2023, copy whereof has been annexed with the petition as Annexure P-2.

4. According to the petitioner, both the judgments of conviction and orders of sentence, as referred to above, have been announced, on the basis of the confession, made by the petitioner, before the learned trial Court.

5. As per the petitioner, the judgment of conviction and order of sentence, passed in case FIR No.385/2016, shall commence after expiry of the earlier judgment of conviction and order of sentence, passed in case FIR No.382/2016 (supra).

6. On the basis of above facts, a prayer has been made to allow the petition, by exercising the power, under Section 427 of CrPC, regarding running of sentences, awarded to the petitioner, by the learned trial Court, concurrently.

7. Custody certificate, dated 27.05.2024, issued by the Superintendent of Jail, Model Central Jail, Nahan, H.P., has also been annexed with the petition, which is Annexure P-3. Relevant portion of the said certificate is reproduced, as under:-

“Other Pending Execution :-

1. In Case FIR No.385/2016, Case No. 146/2017, U/s 457,511 IPC, PS Paonta Sahib, 01 Years SI and Fine Rs. 1500/-, I/D 15 days SI, awarded by the Ld. Judicial Magistrate 1st Class, Court No. 2, Paonta Sahib, District Sirmaur, H.P on 20/10/2023. This Sentence shall run after expiry of previous sentence.

2. In case FIR No.312/2017 dated 27/06/2017, U/s 379 IPC, P.S Paonta Sahib, Distt. Sirmaur, H.P, S.I. for 06 months and fine Rs. 4000/-, I.D. SI for 07 days, awarded by the Ld. Addl. C.J.M Court No.i, Paonta Sahib on 16/11/2022. The sentence has been executed but the sentence in default of fine is kept in abey