TMI Blog2017 (2) TMI 1521X X X X Extracts X X X X X X X X Extracts X X X X ..... different sentences have been awarded. The maximum sentence awarded to the petitioner is 2 years' simple imprisonment along with fine. As per sub-section (1) of section 427 CrPC when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such imprisonment 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 - the intention of legislature is that even the life convicts have been held entitled to benefit of subsequent sentence, being run concurrently, be it life term or of any lesser term then the different yardstick cannot be applied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f this Court, however, by judicial order dated 28.04.2015, it has been transferred to Principal Seat of this Court at Jodhpur. A reference was made to the Division Bench of this Court to adjudicate the following question: WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently. The Division Bench of this Court in Arjun Ram vs. State of Rajasthan and Ors. (D.B.Criminal Misc. Petition No.1912/2013 along with three other miscellaneous petitions) reported in 2016(1) Cr.L.R. (Raj.) 346, answered the said reference in the following terms: As per Section 427 Code of Criminal Procedure, in normal course a person alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the justice. We are of considered opinion that to meet the ends of justice and to rectify the gross error the powers under Section 482 Code of Criminal Procedure can be exercised, if court arrives at a conclusion that the trial court, appellate court or the revisional court, as the case may be, failed in completing the circuit of justice while invoking/not invoking the discretion vested with it as per Section 427 Code of Criminal Procedure. The court while doing so must keep in mind all necessary ingredients and precedents which are to be taken into consideration to exercise the discretion as per Section 427 Code of Criminal Procedure. The reference made by learned Single Bench is answered accordingly. Let the Criminal Miscellaneous P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded to the petitioner meaning thereby that the total sentences awarded to the petitioner come to about 20 years and 11 months. It is also argued that the petitioner is behind the bars since 02.12.2011 and till January, 2017, he had served five years and one month's sentence out of total sentence of 18 years and 11 months. It is further argued that though the petitioner was awarded those sentences in different cases but all the cases are of similar nature. It is also averred that the maximum sentence in respect of present kind of offence is two years simple imprisonment and if all the sentences are allowed to run consecutively petitioner would remain behind the bars up to year 2030. Learned counsel for the petitioner has placed rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be applied for those persons, who have been awarded sentence of lesser duration than life unless there are compelling reasons to do so. In this case, I do not see any compelling reason to order that all the sentences awarded to the petitioner in all 14 cases would run consecutively. The substantive sentences awarded to the petitioner in all the 14 cases, if calculated jointly, is about 18 years and 11 months. As per the certificate dated 09.02.2016 (Exhibit-1) issued by Superintendent, Central Jail, Jaipur, the petitioner is in jail from 02.12.2011. As such till January 2017, the petitioner served 5 years and 1 month sentence. Having considered the facts and circumstances of the present case, offence involved, sentences awarded, per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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