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1982 Supreme(Ori) 23

R.N.MISRA
BASUDEB PRADHAN – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGEMENT

1. The petitioner is now undergoing the sentences imposed against him in 3 independent Sessions Trials, being Sessions Trial No. 118-C of 1976, Sessions Trial No. 119-C of 1976 and Sessions Trial No 23-C of 1977, each one for an offence punishable under Section 395, I.P.C. In the first two cases there has been imprisonment of 4 years each while in the third one, the sentence is 5 years' R. I. The sentences at the moment are obviously consecutive. The application is for the relief of making the sentences concurrent.

2. Reliance on the side of the petitioner is placed upon the directions of this Court in Jail Criminal Misc. Case Nos. 483/79, 846/81 and 277/82 where, even in respect of an offence punishable under Section 395, I.P.C., the benefit of the sentences becoming concurrent has been extended. The learned Additional Government Advocate on the other hand, relying upon a Full Bench decision of the Allahabad High Court in the case of Mulaim Singh v. State, 1974 Cri LJ 1397, contends that a direction for making the sentences concurrent would be given only at the time when the sentences were being imposed by the trial court and cannot be made at a later stage. There is no cl



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