(1.) THE applicant-appellant is sentenced to suffer RI in two different FIRs i.e. FIR No. 103 dated 2.7.1997 and FIR No. 216 dated 21.7.1997. He has filed this petition for direction to make the sentences awarded in these two different FIRs to run concurrently.
(2.) THE appeals against the conviction of the applicant-appellant in these two different FIRs as Criminal Appeal No. 601 DB of 2005 and Criminal Appeal No. 1485 SB of 2003 respectively are pending before this Court for adjudication. The present application is filed by the applicant-appellant in Criminal Appeal No. 601-DB of 2005. When the application came up for consideration before a Division Bench of this Court, it, after noticing different judgments, viewed that though the discretion to convert consecutive sentences into concurrent in two different offences is available but principles, method and manner of exercise of this discretion, is not clearly made out from the different judgments that were cited before the Court. Accordingly, reference was made to Hon'ble the Chief Justice for constituting a Larger Bench to answer the above referred question. That is how, the present application has been a listed for being heard by Full Bench of this Court.
(3.) THE Division Bench, before which this application came up for hearing, observed as under while asking for constituting a Larger Bench to consider this 'question raised in the application :-