RAMESH KUMAR Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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Sharma, J. -
(1.)This miscellaneous petition under Sec. 482, Cr. P. C. has been filed by petitioner Ramesh Kumar.
(2.)Two separate challans in criminal cases nos. 298 & 299 of 1983 were submitted against petitioner Ramesh Kumar, in the Court of Judicial Magistrate No. 6, Jaipur City, Jaipur. The learned Magistrate found the petitioner, Ramesh Kumar guilty of the offence under Sec. 380/75, IPC, in both the cases. In Criminal case 298/83, the petitioner was sentenced to 11/2 years' simple imprisonment and to a fine of Rs. 500/; and in default of payment of fine, to further undergo simple imprisonment for three months. He was also convicted under Sec. 475/75, and sentenced to 11/2 years' simple imprisonment; and to pay a fine of K.s. 200.00, and in default of payment of fine to further undergo 2 months' simple imprisonment. In criminal case No. 299/83, the petitioner was found guilty of the offence under section 380/75, IPC; and sentenced to 1 year's rigorous imprisonment; and to pay a fine of Rs. 400.00, and in default of payment of fine, to further undergo 4 months' simple I imprisonment. Against his conviction in both the cases, Ramesh Kumar has preferred I two appeals before the Sessions Judge, Jaipur City, Jaipur; and both the cases were disposed of by the Additional Sessions Judge No. 2, Jaipur City, Jaipur. The learned Additional Sessions Judge dismissed both the appeals and maintained the I convictions and sentence awarded to the petitioner, by learned Magistrate.
(3.)The petitioner has filed this petition under Sec. 482, Cr. P. C. with the request that sentences passed in both the case Nos. 298 & 299 of 1983, be 3 ordered to run concurrently. The learned counsel for the petitioner has pressed this I petition only on this one point that both the sentences awarded to the petitioner in J the two cases be ordered to run concurrently. He has brought to my notice, two I provisions of Sec. 427, Cr. PC., which read as under:
"427. Sentence an offender already sentenced for another offence -(1) When a person already under going 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 have an order under Sec. 122 in default of furnishing security is, while it 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 undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence."
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