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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Brij Mohan @ Brijesh – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 482 Cr.P.C. read with Section 427(1) Cr.P.C. is for the issuance of directions that the sentence awarded vide judgment and order dated 24.07.2006 in FIR No.422 dated 24.11.1999 registered under Sections 307, 341, 34IPC at Police Station Sadar Palwal, District Faridabad be ordered to concurrently with the conviction and sentence in the Trial emanating out of FIR No.376 dated 22.09.2000 registered under Sections 302, 34 IPC at Police Station Sadar Palwal, District Palwal.2. The petitioner was convicted and sentenced in the following cases:-
Sr. No. | FIR No. dated | U/s | P.S. | Sentence | Date of sentence | Name of Court |
1. | FIR No.422 dt. 24.11.99 | 307, 341, 34 IPC | Sadar Palwal | 6 years | 24.7.06 | ASJ Faridabad |
2. | FIR No.376 dt. 22.9.2000 | 302, 34 IPC | Sadar Palwal | Life imprisonment | 1.11.06 | ASJ Faridabad |
3. | FIR No.374 dt. 1.10.01 | 14, 149, 302, 307, 120-B IPC and 25 Arms Act | Sadar Palwal | Life imprisonment | 30.1.07 | ASJ Faridabad |
3. The petitioner filed an appeal No, 1816-SB-2006 in FIR No.422 dated 24.11.1999 which is still pending adjudication. As against the convictions in FIR No.376 dated 22.09.2000 and FIR No.374 dated 01.10.2001, he filed CRA-D-182-DB-
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 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....
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....
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.
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.
(1) If a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at expiration of im....
The discretion to grant concurrent sentences under Section 427 should be based on sound principles of law, considering factors such as the seriousness of the crime, total length of sentence, conduct ....
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 benefit of section 427 Cr.P.C., 1973 can be granted to the accused if the offences are intertwined and intrinsic, leading to a single transaction, and the Court can exercise its jurisdiction unde....
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