C.P.SEN, P.C.PATHAK, Y.B.SURYAVANSHI
SHERSINGH – Appellant
Versus
STATE OF M. P. – Respondent
( 1 ) THE applicant who is undergoing sentences in two different case has sent a petition from jail to make the sentences passed in those two case to run concurrently by invoking inherent powers of this Court under S. 482 of the Code of Criminal Procedure, 1973. In view of the conflicting decisions us to whither the inherent powers can be invoked under S. 482 when there is a specific provision under S. 427 (1) of the Code, the learned single Judge has referred the following questions for decision by Full Bench :- (I) Whether the law laid down in A. S. Naidu's case (1975 Cri LJ 498) (Madh Pra), still holds good ? (ii) Whether the High Court can entertain application under S. 427, Cr. P. C. ? (a) from accused who, while undergoing sentence of imprisonment was sentenced on subsequent conviction to the imprisonment and whose appeal/revision against the subsequent sentence stood disposed of without any direction under S. 427. Cr. P. C. ? (b) from accused who, while undergoing sentence of imprisonment was sentenced on subsequent conviction to the imprisonment without any direction under S. 427 of the Code and dues not file appeal or revision against his subsequent sen
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.