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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Ayyanar – Appellant
Versus
State Of Tamil Nadu, Rep. By The Sub Inspector Of Police, Dindigul Town East Police Station, – Respondent
| Table of Content |
|---|
| 1. procedural background of concurrent sentencing. (Para 1 , 3 , 5) |
| 2. court's jurisdiction to manage concurrent sentences. (Para 2) |
| 3. power of courts to order concurrent sentences. (Para 4) |
| 4. judicial discretion based on nature of offences. (Para 6) |
| 5. final order allowing concurrent sentences. (Para 7) |
ORDER :
This Criminal Original petition has been filed to direct the sentences passed by the learned Judicial Magistrate No.1, Dindigul in C.C. No. 521 of 2021, dated 16.08.2023, C.C. No. 522 of 2021, dated 16.08.2023 and C.C. No. 496 of 2021 dated 16.08.2023, to run concurrently along with the sentence passed C.C No.494 of 2021, dated 16.08.2023.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
3. The contention of the petitioner is that he has involved in four cases in Cr.Nos.441, 442, 443 and 445 of 2021 on the file of respondent Police for the offence punishable under Section 379 IPC. After completion of investigation, the respondent police has filed a final report and the same was taken on file as C.C.Nos.494, 496, 521 and 522 of 2021 on the file
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 High Court has the authority to direct sentences from separate convictions to run concurrently under Section 427 of the Code of Criminal Procedure, ensuring fair treatment in sentencing.
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....
offences like theft, housebreaking, lurking house trespass - Petitioner is involved in several cases and after taking into consideration entire facts and circumstances, it was observed that petitione....
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 ruled that once a judgment attains finality, it cannot be altered or reviewed except to correct clerical errors; substantive modifications require specific procedural grounds.
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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