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1983 DIGILAW 577 (RAJ)

Bachana Ram v. State of Rajasthan.

1983-12-22

S.K.M.LODHA

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JUDGMENT 1. - Heard learned counsel. 2. This is a petition under Section 482, Cr. P. C., filed by the petitioner d Bacbana Ram, praying that the sentences passed against the petitioner in four criminal cases, may be ordered to run concurrently and he may be released if he has served out all the substantive sentences, if ordered to run concurrently. The annexed tabular statement will show the various sentences awarded to the petitioner, 3. On the basis of Jiwan and Ors. v. State of Raj. 1970 W.L.N. 449 , learned counsel for the petitioner submitted that in exercise of the powers under Section 482, Cr. P.C. all the sentences passed against the petitioner may be ordered to run concurrently, it was held in Jiwan and ors.'s case (1), that the High Court has power to order that the sentences passed on different dates in respect of different convictions of the accused, should run concurrently. In view of the aforesaid decision, order that the ends of justice require that all the sentences passed in four different case), mentioned in the annexed tabular statement, should be ordered to run concurrently. 4. If the petitioner has served out the sentences awarded to him in the aforesaid four cases, he shall be released if not required in any other case.Tabular Statement Showing Various Sentences Awarded to the Petitioner Bachanaram Sr.No. Case No. Name of the Court Date of decision Offence for which convicted Substantive sentence Fine and sentence in defauld of payment of fine Appeal & decision Revision and its decision 1. 357/81 Munsif and Judicial Mag. Pipar City 12.11.82 457, I.P.C. 1 Year's R.I. Rs. 100/- 15 day's S.I. - - 2. 526/80 Judicial Mag. Pipar City 12.11.82 457, I.P.C. 1 year's R.I. Rs. 100/- 15 day's R.I. - - 3. 273/80 Judicial Mag. Pipar City 4.4.83 457, I.P.C. 1 year's R.I Rs. 100/- 15 day's R.I. Criminal Appeal No. 64/83. Decided on 6.4.83 by Sessions Judge, Jodhpur S.B. Criminal (Jail) Revision No. 188 of 1983, pending in High Court. 4. 704/80 Judicial Mag. Pipar City 22.12.82 457/757, I.P.C 3 year's R.I Rs. 100/- 15 days R.I Criminal Appeal No. 4/83. D/d. on 31.3.83 by Sessions Judge, Jodhpur Cr. (Jail) Revision No. 189/83. Substantive - Sentence reduced to one year's R.I. and fine maintained. Application allowed. *******