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1982 DIGILAW 206 (RAJ)

Mohan Lal v. State of Rajasthan

1982-04-22

N.M.KASLIWAL

body1982
JUDGMENT 1. - This is an application under Section 427 Cr.P.C by the accused Mohan Lal, who is undergoing various Terms of sentences in/cases against his convictions under Sections 457/380 IPC. The details of the sentences awarded to him in the aforesaid 7 cases are given as under: Date ofoccurrence. Date ofjudgment. Section ofoffence Sentence awarded Fine 21/08/74 22/05/80 457/380 1 Year-1 Year 100/- 100/- 16/07/77 07/08/79 457/380 1 Year-1 Year 200/- 200/- 22/10/78 07/08/79 457/380 1 Year-1 Year 200/- 200/- 07/07/77 15/09/79 457/380 1 Year-1 Year 100/- 100/- 07/12/77 04/03/80 457/380 1 Year-1 Year 50/- 50/- 27/12/78 04/03/80 457/380 1 Year-6 months 50/- 50/- 11/12/77 04/03/80 457/380 1 Year-6 months 50/- 50/- 2. The petitioner has submitted this application praying that the aforesaid sentence may be allowed to run concurrently. It is submitted by the learned Amicus Curiae appearing on behalf of the petitioner that the accused petitioner is in jail since 7th August, 1979 and has already remained in jail for a period of about 2 years and 8 months. 3. Taking in view the entire facts and circumstances it is considered just and proper that in view of the fact that the petitioner has already remained in jail for a period of about 2 years and 8 months, the substantive sentences awarded to him in the aforesaid cases may be deemed to have been served out by him and he need not be detained in jail for serving out any substantive sentences of any one of the aforesaid cases. The petitioner will, however, pay the amount of fine imposed on him in the aforesaid cases and in case the amount of fine is not paid then he will serve out the sentence awarded to him in default of payment of fine. 4. Thus, the application is partly allowed and the sentences awarded to the petitioner in the aforesaid cases are modified as mentioned above.Petition Partly Allowed. *******