TMI Blog2017 (1) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... med appropriate to direct that the sentences imposed on the appellant in FIR No.37 and Complaint No.638 shall run concurrently - the fine amount and the default sentence or sentences are maintained. Appeal allowed. - Criminal Appeal No. 77 of 2017 (Arising out of SLP(Crl.) No. 289 of 2017) - - - Dated:- 17-1-2017 - Mr. Dipak Misra And Mr. R. Banumathi JJ. For the Appellant(s) : Mr. A. Venayagam Balan, AOR, Mrs. V.S. Laxkiashi, Adv., Mr. Aman Preet Singh Rahi, Adv. For the Respondent(s) : Mr. Jayant K. Sud, AAG, Ms. Jasleen Chahal, Adv., Mr. Jagjit Singh Chhabra, AOR JUDGMENT R. BANUMATHI, J. This appeal arises out of the order dated 12.07.2016 passed by the High Court of Punjab and Haryana at Chandigarh in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd the learned counsel appearing for the parties. 4. The power conferred on the Court under Section 427 Cr.P.C. to order concurrent sentence is discretionary. Section 427 Cr.P.C. reads as under:- S.427. Sentence on offender already sentenced for another offence.- (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the power so conferred upon the Court the discretionary power shall have to be exercised along the judicial lines and not in a mechanical, wooden or pedantic manner. It is difficult to lay down any straitjacket approach in the matter of exercise of such discretion by the courts. There is no cut and dried formula for the Court to follow in the matter of issue or refusal of a direction within the contemplation of Section 427(1). Whether or not a direction ought to be issued in a given case would depend upon the nature of the offence or offences committed, and the fact situation in which the question of concurrent running of the sentences arises. This Court then went on to club various crimes in respect of which sentences were impos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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