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KULDEEP TIWARI
Manoj Jain – Appellant
Versus
State of UT Chandigarh – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
The amenability of all these petitions for being decided through a common verdict originates from common questions of law being ingrained therein, besides originating from identical prayers being made therein.
2. To be precise, the relief(s) predominantly yearned in all these petitions is that, despite the petitioner(s) being convicted and sentenced in numerous cases of alike nature, wherein all the sentences are running consecutively, yet a claim for concurrence of all the sentences imposed upon him by the learned convicting courts concerned has been made, by invoking the inherent power of this Court envisaged under Section 482 of the Cr.P.C. For the sake of brevity, the facts are being extracted from the lead petition, i.e. CRM-M-44318-2022.
3. The prayer made in the petition at hand relates to issuance of directions for ordering the sentences awarded to the petitioner in ten different cases, for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’), to run concurrently.
4. For ready reference, the details of all the ten cases, wherein, the petitioner has been convicted under Section 138 o
The court affirmed that Section 427 of the Cr.P.C. allows for discretion in sentencing, but such discretion must be exercised judiciously, particularly when dealing with multiple convictions from dif....
The benefit of concurrent sentences cannot be sought through a separate petition under Section 482 Cr.P.C. once the judgments of conviction and sentences have attained finality in different cases.
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.
Court can use discretion under Section 427 of CrPC to allow concurrent sentences in cases arising from similar transactions, particularly for financial offences without violence.
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.
Court may direct sentences to run concurrently when convictions arise out of a single transaction, ensuring proper legal principles are followed under Section 427 of the Cr.P.C.
The court can exercise discretion under Section 427 CrPC to allow concurrent sentences to prevent excessive punishment and ensure justice.
The court applied section 427 Cr.P.C. and relevant Supreme Court precedents to allow concurrent running of substantive sentences for multiple convictions under section 138 of the N.I. Act, considerin....
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