MOHD RASHID Vs. STATE
LAWS(J&K)-1986-4-1
HIGH COURT OF JAMMU AND KASHMIR
Decided on April 30,1986

MOHD.RASHID Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) This is an application U/s 561-A read with S.397 of the Cr. P.C. praying that, the sentences, imposed on the petitioner in six criminal trials separately, may be made to run concurrently.
(2.) The perusal of annexure -"I" attached to the application which has been issued by the Superintendent, Central Jail, Jammu, where the petitioner is undergoing the sentences, shows that in criminal trial No. 255 of 1978, he was sentenced to three years rigorous imprisonment and a fine of Rs. 250/- and in default of payment, of fine, to three months' rigorous imprisonment by the learned Chief Judicial Magistrate, Rajouri for the offence under Ss. 457 and 380, R.P.C. on 8-11-1980. In criminal trial No. 23 of 1978, he was sentenced to five years rigorous imprisonment and a fine of Rs. 200/-, and in default of payment of fine, to three months' rigorous imprisonment by the learned Sessions Judge, Rajouri for the offence u/s 457, RPC on 31-1-1981. In criminal trial No. 82 of 1979, he was sentenced to two years' rigorous imprisonment and a fine of Rs, 800/., and in default of payment of fine, to ten months' rigorous imprisonment by the learned Chief Judicial Magistrate, Rajouri for the offence under Ss. 457, 380, RPC on 7-1-1981. In criminal trial No. 47 of 1981, he was sentenced to three years' rigorous imprisonment and a fine of Rs. 700/- and in default of payment of fine, to eight months' rigorous imprisonment by the learned Sessions Judge, Rajouri for the offence under Ss. 494, 497, RPC on 8-5-1981. In criminal trial No. 156 of 1980, he was sentenced to four years' rigorous imprisonment by the learned Chief Judicial Magistrate, Shopian for the offence under S.392, RPC on 24-9-1981. In criminal trial No. 5 of 1978, he was sentenced to two years' rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to six months' rigorous imprisonment, by the learned Judicial Magistrate First Class, Nowshera, for the offence under Ss. 380/457, RPC on 30-11-1981.
(3.) Admittedly, the petitioner has not filed any appeal against the said convictions and sentences, and has been suffering the imprisonment, since he was first convicted and sentenced.;


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