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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, AVNISH SAXENA
Santosh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the case and sentences. (Para 1 , 2 , 3) |
| 2. arguments regarding the exercise of discretion. (Para 4 , 5) |
| 3. court's observations on sentencing and convictions. (Para 6 , 7) |
| 4. judicial interpretation of section 427 and its implications. (Para 8 , 9 , 10 , 11 , 12) |
| 5. final ruling on concurrent sentencing. (Para 13 , 14 , 15) |
JUDGMENT :
Avnish Saxena, J.
1. The point of concern in the present writ petition preferred under Article 226 of the Constitution of India is for issuance of direction to the Jail Superintendent District Jail Aligarh for concurrently running of sentence imposed in six cases arising out of theft of electricity equipment, wherein the petitioner was sentenced on admitting the guilt under plea bargaining.
2. The petitioner is aggrieved, as the trial Judge while convicting the petitioner in six cases on the same date has sentenced the accused for imprisonment of one years six months in each case, leading to his incarceration of nine years in jail, due to non exercise of discretion provided under Section 427 (1) Cr.P.C.
3. The six cases in which the petitioner has been convicted and sentenced, are tabulated below:-
| S. No. | Sessions Case No. | Case Crim | |||||
The court must exercise discretion on sentencing to ensure that consecutive sentences do not unjustly extend incarceration, particularly when multiple convictions arise from the same context.
Multiple sentences are supposed to run concurrently unless and until directed by Court to run consecutively.
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 statutory remedy must be availed before approaching the Constitutional Court, and the discretion to be exercised in directing the sentence to run concurrently would depend upon the nature of the ....
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 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.
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