JUDGMENT 1. - The instant parole writ petition has been filed on behalf of the petitioner-convict Amba Lal who is undergoing sentences at the Central Jail, Udaipur upon having been convicted in three different cases decided by the learned Addl. Chief Judicial Magistrate, Chhoti Sadri, Distt. Pratapgarh. 2. The petitioner-convict has prayed that the sentences awarded to him in the three cases are being made run consecutively and resultantly despite having suffered actual imprisonment for a period of three and a half years, he is still being kept in custody despite the fact that the sentence awarded to him in the Criminal Case No. 259/2005 for the offences under Sections 457 and 380 I.P.C. is of three years' R.I. He prayed that the sentences awarded to him in the three cases be directed to run concurrently by applying the provisions of Sections 427 and 428 Cr.P.C. 3. A reply has been filed on behalf of the State of Rajasthan. It has been pleaded in the reply that the petitioner was convicted in the three cases separately and as the Court convicting the petitioner did not direct that his sentences should run concurrently, as such, he has to suffer the sentences one after the other as per Section 427(1) Cr.P.C. It has also been mentioned that the petitioner had served a total sentence of 5 years 4 months and 25 days till 31.5.2013. 4.
4. Having considered the facts and circumstances of the case and the averments made by the petitioner-convict in the parole writ petition and the reply filed by the State of Rajasthan, it is apparent that two of the cases, wherein, the petitioner was convicted are of similar nature being Criminal Case No. 259/2005, wherein, the petitioner was convicted for the offences under Sections 457 and 380 Indian Penal Code and sentenced to three years' R.I. and the other case being Criminal Case No. 454/2006, wherein the petitioner has been convicted for the offences under Sections 457 and 380 I.P.C. and sentenced to two years' R.I. The third case registered against the petitioner was Criminal Case No. 771 of 2004, wherein the petitioner convicted for the offence under Section 224 I.P.C. and sentenced to two years R.I.Keeping in view all the facts and circumstances of the case and having regard to the view taken by the Hon'ble Apex Court in the case of Ramesh Chilwai @ Bombayya v. State of Uttarakhand, reported in 2012 Cr.L.R. SC 735 , this Court is of the opinion that the sentences awarded to the petitioner-convict in two cases of similar nature being Criminal Cases Nos. 259 of 2005 and 453 of 2006 can be Criminal Case Nos. 259 of 2005 and 454 of 2006 shall run concurrently.Resultantly, the instant parole writ petition is allowed in part. It is hereby directed that the sentences awarded to the petitioner-convict Amba Lal in Criminal Case Nos. 259/2005 and 454/2006 shall run concurrently.Petition partly allowed. *******