O.P.GARG, J. - (1.) THIS application under Section 482, Cr.P.C. has come up before this Court in the following circumstances.
(2.) THE applicant Hanoo alias Har Narain has been convicted by Sri S.S. Rana, IInd Addl. Chief Judicial Magistrate, Jhansi by order dated 10-8-1994 under Section 457, 380 and 411 I.P.C. in four different cases Nos. 824, 825, 826 and 827/94, pertaining to separate incident and has been sentenced to undergo rigorous imprisonment for a period of two years on each of the counts and to pay a fine of Rs, 2,000/-and in default of the payment of fine to undergo imprisonment for a further period of four months. There is no order that sentences passed in the aforesaid four cases are to run concurrently, meaning thereby the applicant has to undergo rigorous imprisonment for a period of two years in succession in each of four cases. Against the order of conviction and sentence passed in criminal case No. 827 of 1994, applicant Hanoo filed an appeal before the Session Judge, Jhansi. Appeal No. 7 of 1996 was decided by Sri R.P. Pandey, the then Sessions Judge, Jhansi by his order dated 30-1-1996. The order imposing fine was set aside and the sentence of imprisonment was reduced to the period already undergone. The applicant is in jail since 2-9-1993 and on the date of present application which was filed on July 30, 1996, he had remained in jail for a period of about two years and ten months. The applicant is still in jail and now the period or his confinement in jail in connection with the orders of sentence passed in the aforesaid cases comes to about 3 years and 8 months. The applicant moved an application before the trial court (S.S. Rana, IInd A.C.J.M.) praying that sentences passed by him in the aforesaid cases be made to run concurrently so that the applicant may he released from jail. This application was rejected by the learned Magistrate on 28-2-1996. In this application under Section 482, Cr.P.C. it is prayed that the period spent by the applicant in jail which comes to more than 2 years and 10 months be counted as having been spent in all the four cases in which he has been convicted.
(3.) IN spite of the fact that time was allowed to the State to file counter affidavit, it has not been filed. I have heard the learned counsel for the applicant as well as the learned A.G.A.;