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2001 DIGILAW 1289 (PNJ)

Balkar Singh v. State Of Haryana

2001-11-20

V.M.JAIN

body2001
Judgment V.M.Jain, J. 1. This is a petition under Section 482 Cr.P.C. filed by the petitioner, seeking a direction to the respondents to release the petitioner from custody. 2. Balkar Singh petitioner was sentenced to undergo imprisonment for life, vide order dated 24.9.1998 under Section 302 IPC etc. In FIR No. 124 dated 25.6.1994. Subsequently, accused petitioner Balkar Singh was sentenced to undergo RI for one year under Section 224 IPC, vide order dated 14.12.1998 in FIR No. 30 dated 13.1.1998. 3. The prayer of the petitioner in the present petition is that the petitioner had already been ordered to be released on bail in the appeal filed by him against his conviction under Section 302 IPC etc., vide which he was sentenced to undergo life imprisonment. It has been submitted that the petitioner is not being released from the custody on the ground that he has not been released on bail for the offence under Section 224 IPC. 4. The learned counsel for the petitioner has submitted that in view of the provisions under Section 427(2) Cr.P.C. rigorous imprisonment of one year for the offence under Section 224 IPC would run concurrently with the sentence imposed upon him for life for the offence under Section 302 IPC etc., inasmuch as he was already undergoing life imprisonment, when he was sentenced to undergo RI for one year under Section 224 IPC. 5. There is a considerable force in this submission of the learned counsel for the petitioner. It is not disputed before me that the petitioner was already undergoing life imprisonment when he was sentenced to undergo RI for one year for the offence under Section 224 IPC. It has specifically been provided under Section 427(2) Cr.P.C. that when a person already undergoing sentence of imprisonment for life is sentenced on a subsequent conviction of imprisonment, the subsequent sentence shall run concurrently with such previous sentence. As referred to above, the petitioner was sentenced to undergo RI for one year on 14.12.1998 for the offence under Section 224 IPC and at that time, the petitioner was already undergoing life imprisonment. Thus, the petitioner has already undergone the sentence of one year for the offence under Section 224 IPC, as the said sentence would run concurrently with the sentence of imprisonment for life. 6. Thus, the petitioner has already undergone the sentence of one year for the offence under Section 224 IPC, as the said sentence would run concurrently with the sentence of imprisonment for life. 6. In view of the above, the present petition is allowed and it is directed that in case the petitioner has been ordered to be released on bail in the murder case under Section 302 IPC etc., vide which he was sentenced to undergo imprisonment for life, the petitioner shall be released from custody on his furnishing bonds, as already ordered, treating the sentence of RI for one year under Section 224 IPC having already been undergone along with the sentence of imprisonment for life. 7. Copy of this order be given dasti under the signatures of the Court Secretary. Bail allowed.