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2006 DIGILAW 2896 (RAJ)

Mahavir Sharma v. State

2006-10-13

HARBANS LAL

body2006
JUDGMENT 1. - This petition under Section 482 Cr.P.C. read with Section 427 Cr. PC. seeks direction for concurrent running of the sentences awarded to the petitioner in various cases. 2. It appears that accused-petitioner Mahavir Sharma has been convicted and sentenced in the following cases S.No. Case No. Date of JUDGEMENT Term of Sentences JUDGEMENT passed by 1. 114/2003 20.1.2004 3 years Addl. Sessions Judge (FT.) No. 1, Ajmer. 2. 106/2003 20.1.2004 3 years -do- 3. 150/2003 19.2.2004 2 years Judicial Magistrate No. 3, Ajmer. 4. 751/2003 26.3.2004 2 years J.M. No. 3, Ajmer. 5. 886/2003 17.4.2004 2 years J.M. No. 3, Ajmer. 6. 814/2003 29.4.2004 2 years J.M. No. 3, Ajmer. 7. 752/2003 19.5.2004 2 years J.M. No. 3, Ajmer. 8. 885/2003 31.5.2004 2 years J.M. No. 3, Ajmer. 9. 03/2004 8.6.2004 2 years J.M. No. 3, Ajmer. 10. 799/2003 24.1.2005 1 year J.M. No. 6, Ajmer. 3. It further appears that the appeals filed by him against the judgments dated 29.4.2004 and 19.5.2004 passed by the learned Judicial Magistrate No.3, Ajmer were also dismissed. He has, therefore, prayed that the sentences in all these cases may be directed to run concurrently in exercise of powers of this Court under Section 427 read with Section 482 Cr.PC. 4. I have heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and have perused the relevant judgments as well as the case law cited at the bar. 5. Following the ratio laid down in Mohan Lal alias Hanuman Singh v. State : 1987 RCC 140 , Jeevan and others v. State, 1970 W.L.N. (Part-1) 449 , Bachna Ram v. State of Rajasthan, 1984 RCC 306 and the Division Bench' decision of the Calcutta High Court in Janta Kumar Banerjee v. State, AIR 1955 Cal. 632 and having regard to the facts and circumstances of the case, I deem it just and proper to allow this petition. 6. Consequently, this petition under Section 427 read with Section 482 Cr.P.C. is allowed and it is directed that the substantive sentences awarded to the petitioner in Cases No. 114/2003, 106/2003, 750/2003, 751/2003, 886/2003,;'814/2003, 752/2003, 885/2003, 03/2004 and 799/2003 shall run concurrently, but the sentences imposed upon him for default in payment of fine all be undergone by him consecutively.Petition Allowed. *******