TEJINDER SINGH DHINDSA,J. - (1.) PRESENT order shall dispose of Criminal Misc.No.9529 of 2013 in Criminal Appeal -S No.419 -SB of 2013 that has been filed under Section 427 of the Code of Criminal Procedure for concurrent running of sentences.
(2.) BRIEFLY noticed, the applicant was convicted to undergo rigorous imprisonment for a period of 10 years, vide judgment dated 21.5.2008 passed by the Additional Sessions Judge, Jalandhar, under Sections 307, 392, 397, 398 of the Indian Penal Code. The applicant is in custody since 7.3.2006 and has since completed his sentence in the said case. Criminal Appeal bearing No. CRA -S -1364 -SB of 2008 against the order of conviction is, however, pending. The applicant also stands convicted under Sections 420, 120 -B of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for four years, vide judgment dated 31.10.2011, passed by the Special Judge, Amritsar and against which also an appeal is pending in this Court. The present application has been filed in an appeal preferred by the appellant in yet another conviction that he has suffered in case FIR No.31 dated 30.3.2008 under Sections 436/427 of the Indian Penal Code for 2 -1/2 years, and for two years under Section 10 of the Damage to Public Property Act.
(3.) IT has been prayed that the petitioner is continuously in custody since 7.3.2006 and the sentences awarded to the applicant in case (i) FIR No.102 dated 1.3.2006, under Sections 307, 392, 397, 398 of the Indian Penal Code, Police Station Sadar Jalandhar; (ii) FIR No.29 dated 29.4.1997, under Sections 402, 120B of the Indian Penal Code, Police Station Vigilance Bureau, Jalandhar and the present case i.e. (iii) FIR No.31 dated 30.3.2008, under Section 436 of the Indian Penal Code and Section 10 of the Damage to Public Property Act, Police Station Division No.2, Jalandhar be ordered to run concurrently. Further prayer is that the sentences awarded in the present case may be directed to even run concurrently.;