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G. S. AHLUWALIA
Nawab Kha – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This application under s.482 of Cr.P.c./S.528 of BNSS has been filed seeking the following relief(s):-
^^vr% ekuuh; U;k;ky; ls fuosnu gS fd vkosnd dk vkosnu i= Lohdkj fd;k tkdj vkns'k fnukad 29-1-2016 l=okn Øekad 340@2014 U;k;ky; r`rh; vij l= U;k;kèkh'k xquk ,oa vkns'k fnukad 28-4-2018 l=okn Øekad 128@2017 U;k;ky; f}rh; vij l= U;k;kèkh'k xquk e-ç- }kjk nh xà ltkv¨a d¨ lkFk lkFk pyk, tkus dh Ñik djsa ,oa vkns'k dh çfr d¢Uæh; tsy Xokfy;j esa dEiykÃl gsrq Òsth tkosA^^
The moot question for consideration is as to whether application under s.482 of Cr.P.C. for direction to run two separate sentences concurrently is maintainable or not ?
2. Counsel for applicant has relied upon the judgment passed by Full Bench of this Court in the case of Shersingh v. State of M.P. (1989 MPLJ 116) and pleaded that application under s.482 of Cr.P.C. for the aforesaid purpose is maintainable. Counsel for applicant has also relied upon judgment passed by Division Bench of this Court in the case of Hanumandas Baba @ Hemraj @ Guru Nathuram v. State of M.P. and another decided on 17.12.2009 in M.Cr.C. No.49602/2019.
3. Heard, learned counsel for applicant.
4. The Supreme Court in the case of M.R.Kudva v.
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 established that discretion under Section 427 Cr.P.C. can be exercised to allow concurrent sentences to prevent injustice.
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....
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.
Point of Law : While multiple sentences for imprisonment for life can be awarded for multiple murders or other offences punishable with imprisonment for life, the life sentences so awarded cannot be ....
The court can exercise discretion under Section 427 Cr.P.C. to order concurrent sentences when justice requires, especially if the offender has served a significant portion of their sentence.
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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