- (1.) The three letters addressed to Hon'ble the Chief Justice of this Court are treated as writ petitions. Precisely, the issue involved in these petitions is whether a person, who has been convicted and sentenced in several cases, would be entitled for concurrent undergoing of all such sentences. To seek necessary assistance this Court appointed Shri K.R. Bhati as amicus curiae. He shall be entitled for the remuneration as per the applicable provisions.
(2.) The facts pertaining to the sentences awarded to the petitioners are as under: (1) Subhash: (i) In criminal case No. 13/2006, he was convicted for the offences under Sections 380 and 457 Indian Penal Code and sentenced for (1) one year's simple imprisonment and a fine of Rs.500 and (2) three years rigorous imprisonment and a fine of Rs. 500, in default of payment of fine to further under go six months simple imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 2006. An appeal preferred by him against the conviction and sentence has already been rejected by the appellate court. (ii) In criminal case No.574/1998, he was convicted for the offences under Sections 379 and 447 Indian Penal Code and sentenced for (1) two years rigorous imprisonment, and (2) two years rigorous imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 16.1.2006. An appeal against the conviction and sentence has already been decided by learned Additional Sessions Judge No.2, Sriganganagar Camp Suratgarh while reducing the sentence passed by the learned Court below for the offence under Section 379 as one year's rigorous imprisonment and a fine of Rs.500, in default of payment of time to further undergo 15 days simple imprisonment instead of two years rigorous imprisonment and for the offence under Section 447 redesign the sentence as one month's simple imprisonment instead of two years rigorous imprisonment. (iii) In criminal case No. 240/2006, he was convicted for the offence under Section 394/ 34 Indian Penal Code and sentenced for three years rigorous imprisonment and a fine of Rs. 1,000 in default of payment to further undergo three months rigorous imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 5.3.2008. (iv) In criminal case No. 346/2002 he was convicted for the offence under Sections 457 and 380 Indian Penal Code and sentenced for (1) three years rigorous imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo one months simple imprisonment, and (2) three years rigorous imprisonment and a fine of Rs. 1.000, in default of payment of fine to further undergo one month's simple impris onment by learned Additional Chief Judicial Magistrate, Bhadra vide judgment dated 8.4.2008. (v) In Sessions case No. 19/2006 he was convicted for the offences under Sections 460, 397 and 302 Indian Penal Code and the sentenced for (1) seven years rigorous imprisonment, (2) life imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo six months rigorous imprisonment and (3) death sentenced and a fine of Rs.2,000, in default of payment of fine to further undergo one year's rigorous imprisonment by learned Additional Sessions Judge Bhadra vide judgment dated 22.12.2008. An appeal against the conviction and sentence has already been decided by this court while reducing the sentence as life imprisonment instead of death sentence. (2) Lah Anil (i) In criminal case No. 518/2004, he was convicted for the offences under Sections 380 and 457 Indian Penal Code and sentenced for (1) three years rigorous imprisonment and a fine of Rs.1.000, and (2) five years rigorous imprisonment and a fine of Rs. 1.000, in default of payment of fine to further undergo six months simple imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 28.3.2006. An appeal against the conviction and sentence has already been rejected by learned Additional Sessions Judge (Fast Track, Anupgarh). (ii) In criminal case No. 181/2004, he was convicted for the offences under Sections 457, 380/511 IPC and sentenced for (1) three years rigorous imprisonment and a fine of Rs.500, in default of payment of fine to further undergo one month's simple imprisonment and a fine of Rs.200, in default of payment of fine to further undergo one month's simple imprisonment by learned Judicial Magistrate, First Class, Suratgarh vide judgment dated 10.1.2008. Presently he is serving the sentence of this case. (iii) In criminal case No. 519/2004, he was convicted for the offences under Sections 454 and 380 IPC and sentenced for (1) three years simple imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo three months simple imprisonment and (2) three years simple imprisonment and a fie of Rs. 1,000, in default of payment of fine to further undergo three months simple imprisonment by learned Additional Chief Judicial Magistrate Suratgarh vide judgment dated 27.2.2008. An appeal against the conviction and sentence has already been rejected by learned Additional Sessions Judge (Fast Track), Anupgarh camp Head Quarter Suratgarh. (iv) In criminal case No. 240/2006, he was convicted for the offence under Section 394/ 34 Indian Penal Code and sentenced for three years rigorous imprisonment and a fine of Rs. 1,000, in default of payment of fine to further undergo one month's simple imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 5.3.2008. (v) In Sessions Case No. 138/2006, he was convicted for the offences under Sections 460, 302 and 397 Indian Penal Code and sentenced for (1) ten years rigorous imprisonment and a fine of Rs.2,000, in default of payment of fine to further undergo three months rigorous imprisonment, (2) life imprisonment and a fine of Rs.2,000, in default of payment of fine to further undergo three months rigorous imprisonment and (3) seven years rigorous imprisonment and a fine of Rs.2,000, in default of payment of fine to further undergo three months rigorous imprisonment by learned Additional Sessions Judge (Fast Track) No.l Hanumangarh vide judgment dated 8.5.2008. (vi) In criminal case No. 208/2005, he was convicted for the offence under Section 3/ 25(IB) of Arms Act and sentenced for two years simple imprisonment and a fine of Rs. 1,000 in default of payment of fine to further undergo three months simple imprisonment by learned Judicial Magistrate First Class Hanumangarh vide judgment dated 12.5.2009. (3) Veena Vmod (i) In criminal case No. 518/2005, he was convicted for the offence under Sections 380 and 457 Indian Penal Code and sentenced for (1) three years rigorous imprisonment and a fine of Rs.1,000, and (2) five years rigorous imprisonment and a fine of Rs.1,000, in default of payment of fine to further undergo six months simple imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 28.8.2006. An appeal against the conviction and sentence has already been rejected by learned Additional Sessions Judge (Fast Track), Anupgarh Head Quarter Suratgarh. (ii) In criminal case No. 380/2004, he was convicted for the offences under sections 380 and 457 Indian Penal Code and sentenced for (1) one year's simple imprisonment and a fine of Rs. 5.00, in default of payment of fine to further undergo two months simple imprisonment, and (2) two years simple imprisonment and a fine of Rs.1,000, in default of payment of fine to further undergo three months simple imprisonment by learned Additional Chief Judicial Magistrate, Suratgarh vide judgment dated 4.10.2007. An appeal against the conviction and sentence has already been rejected by learned Additional Sessions Judge (Fast Track), Anupgarh Head Quarter Suratgarh. (iii) In Sessions Case No. 138/2006, he was convicted for the offence under Sections 460, 302,397 Indian Penal Code and sentenced for (1) ten years rigorous imprisonment and a fine of Rs.2,000, in default of payment of fine to further undergo three months rigorous imprisonment, (2) life imprisonment and a fine of Rs.2,000, in default of payment of fine to further undergo three months rigorous imprisonment and (3) seven years rigorous imprisonment by learned Additional Sessions Judge (Fast Track), No.2 Hanumangarh vide judgment dated 8.5.2008.
(3.) It is submitted by learned counsel for the petitioners that in the case where maximum punishment for imprisonment is given, the other minor sentences should have to be concurrent and not consecutive.;