- (1.) By filing this criminal misc. petition under Section 482 read with Section 427 Code of Criminal Procedure the Petitioner seeks direction that the sentences awarded in original criminal case Nos. 347/2006 and 348/2006 which were registered for the offence under Section 392/34 IPC and tried by the learned Judicial Magistrate No. 8, Jaipur City, Jaipur vide its orders dated 25.09.2006 & 26.09.2006 by which Petitioner was convicted and sentenced to undergo imprisonment for three years, be directed to run concurrently.
(2.) I have heard the learned Counsel for the Petitioner and the learned Public Prosecutor for the State. I have also perused the record as well as the facts and circumstances of the cases.
(3.) Before going into merits of the case the learned Counsel for the Petitioner has drawn attention of the Court to Section 427 Code of Criminal Procedure which is reproduced as under: 427. Sentence on offender already sentenced for another offence:(1) When a person already undergoing 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 directed that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under Section 122 in default of furnishing security is, while 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 subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.;