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2021 DIGILAW 2017 (RAJ)

Pankaj Jain v. State of Rajasthan

2021-10-23

VINIT KUMAR MATHUR

body2021
ORDER 1. This misc. petition under Section 482 Cr.P.C. has been preferred claiming the following relief: 'It is therefore, humbly prayed that the Misc. Petition may kindly be allowed and in the interest of justice, the substantive sentence mentioned in schedule as awarded to the accused petitioner deserves to be ordered run concurrently'. 2. Learned counsel for both the parties fairly concede that the present case is squarely covered by the decision rendered in S.B. Criminal Misc. Petition No. 2883/2014 Rajender Kabra Vs. State of Rajasthan decided on 17.02.2017. The relevant portion of the judgment in Rajender Kabra (supra) reads as under: 'This second criminal misc. petition under section 482 CrPC has been preferred on behalf of the petitioner with a prayer that the sentences awarded to him in 32 different cases for the offence punishable under section 138 of the Negotiable Instruments Act,details of which are being provided in later part of this order, may be ordered to run concurrently. The earlier S.B.Criminal Misc. Petition No.113/2013 preferred by the petitioner before this Court was disposed of by a Co-ordinate Bench of this Court on 16.05.2013. The order dated 16.05.2013 is reproduced hereunder: 'The present petitioner had issued cheques to various persons. Counsel for the petitioner submits that due to bad financial condition of the petitioner and the circumstances beyond his control, all the cheques bounced and petitioner has been convicted in 32 cases. In the present petition, prayer has been made that sentences awarded in 32 cases may be ordered to run concurrently. Counsel for the petitioner very fairly submits that as per judgment of the Hon'ble Apex Court, it is only appellate Court or revisional Court which can direct that the sentences should run concurrently and this power cannot be exercised under Section 482 Cr.P.C. Therefore, counsel for the petitioner submits that a directions be given to the State Government to consider the representation of the petitioner sympathetically, otherwise, if the sentences are made to run concurrently, the petitioner shall remain behind the bars for 35 years. After hearing counsel for the parties, present petition is disposed of in terms of the statement made by the counsel for the State. Let petitioner file a representation to the State Authorities for remitting the sentence or ordering that the sentence awarded upon the petitioner in all cases shall ran concurrently. After hearing counsel for the parties, present petition is disposed of in terms of the statement made by the counsel for the State. Let petitioner file a representation to the State Authorities for remitting the sentence or ordering that the sentence awarded upon the petitioner in all cases shall ran concurrently. In case, such a representation is preferred within two weeks' from today, the State Authorities shall take a conscious decision thereupon within two months. Liberty is also granted to petitioner to take recourse to lawful remedy in case State Authorities decline the representation.' The petitioner has preferred this criminal misc. petition claiming that though pursuant to the order passed by this Court in S.B.Cr.Misc. Petition No.113/2013, wife of the petitioner had already moved a representation to the Chief Secretary of the Government of Rajasthan but the same was returned with a remark that she may move a representation before the Government of India. It is averred in the petition that as the prescribed two weeks' time for making representation on behalf of the petitioner has already been expired, therefore, the petitioner is again approaching this Court by way of this criminal misc. petition seeking above mentioned relief. In the meantime, a reference was made to the Division Bench of this Court to adjudicate the following question: 'WHETHER, the High Court exercising powers under Section 482 Cr.P.C., invoke Section 427 Cr.P.C. and order that sentences awarded in two different cases shall run concurrently.' The Division Bench of this Court in Arjun Ram vs. State of Rajasthan and Ors. (D.B.Criminal Misc. Petition No.1912/2013 along with three other miscellaneous petitions) reported in 2016(1) Cr.L.R. (Raj.) 346, answered the said reference in the following terms: 'As per Section 427 Code of Criminal Procedure, in normal course a person already undergoing a sentence of imprisonment, if sentenced on a subsequent conviction to imprisonment, such imprisonment commence at the expiration of the imprisonment to which he has been previously sentenced, but the court in its discretion based on settled principles may direct that the subsequent sentence shall run concurrently with previous sentence. While exercising such discretion, the trial court, appellate court or revisional court, as the case may be, keeps in mind several factors. While examining such factors, the possibility of some error cannot be ruled out. While exercising such discretion, the trial court, appellate court or revisional court, as the case may be, keeps in mind several factors. While examining such factors, the possibility of some error cannot be ruled out. Not only the error, but absolutely non- consideration of the issue about invoking this discretion, may also be there and that may cause great injustice. In general, it can be said that every provision of law is meant to impart justice and to ensure fair and objective treatment with every subject, but while doing so, the chances of causing in justice or failure in extending complete justice cannot be denied. To meet such an eventuality the inherent powers like Section 482 Code of Criminal Procedure are meant and those are always open to be invoked to prevent abuse of process of court and secure the ends of justice. The inherent jurisdiction is having a very large amplitude but should always be exercised cautiously and only to prevent miscarriage of justice. While keeping in mind that the inherent powers must be exercised sparingly, the court should not restrain itself to invoke the same if any injury is caused to the justice. We are of considered opinion that to meet the ends of justice and to rectify the gross error the powers under Section 482 Code of Criminal Procedure can be exercised, if court arrives at a conclusion that the trial court, appellate court or the revisional court, as the case may be, failed in completing the circuit of justice while invoking/not invoking the discretion vested with it as per Section 427 Code of Criminal Procedure. The court while doing so must keep in mind all necessary ingredients and precedents which are to be taken into consideration to exercise the discretion as per Section 427 Code of Criminal Procedure. The reference made by learned Single Bench is answered accordingly. Let the Criminal Miscellaneous Petitions be listed before learned Single Bench for their adjudication on merits. ---------------- ----------------' Having considered the facts and circumstances of the present case, offence involved, sentences awarded, period of detention of the petitioner as on date and the law laid down by the Hon'ble Supreme Court in State of Punjab vs. Madan Lal, V.K.Bansal vs. State of Haryana & Ors., Shyam Pal vs. Dayawati Besoya & Anr. and Ammavasai & Anr. vs. Inspector of Police & Ors. and Ammavasai & Anr. vs. Inspector of Police & Ors. (supra), I am of the considered view that it would not be inconsistent with the administration of criminal justice if the petitioner is allowed the benefit of discretion contained in section 427 of the Code to meet the ends of justice. However, as per the law laid down by the Hon'ble Supreme Court in V.K.Bansal vs. State of Haryana & Ors. and Shyam Pal vs. Dayawati Besoya & Anr. (supra), the direction for concurrent running of sentences would be limited only to the substantive sentences alone. In such circumstances, the present misc. petition is allowed and it is ordered that the substantive sentences awarded to the petitioner in the above referred 32 cases would run concurrently, however, the petitioner will have to serve default sentences as the provisions of section 427 of the CrPC do not permit a direction for concurrent running of substantive sentences with the sentences awarded in default of payment of fine/compensation. The sentences, which the petitioner has been directed to undergo in default of payment of fine/compensation shall not be effected by this direction and if the petitioner has not paid the fine/compensation as directed by the trial courts, the said sentences would run consecutively. Needless to say, if the petitioner pays the fine/compensation now, he is not required to undergo default sentences (sentences awarded by the trial courts in default of payment of fine/compensation).' 3. Since all the cases against the present petitioner pertains to Section 138 of the Negotiable Instruments Act, therefore, the aforementioned precedent law is applicable in the present case as well. 4. The present criminal misc. petition is accordingly allowed, in terms of the aforementioned judgment passed in S.B. Criminal Revision Petition No.2883/2014 Rajender Kabra Vs. State of Rajasthan. Accordingly, the sentences passed vide impugned judgments dated 27.05.2016, 30.05.2016, & 31.05.2016 passed by learned courts below in Criminal Case Nos.168/2015, 102/2015, 807/2014 & 854/2014 respectively and Criminal Appeal Nos.55/2016, 32/2016, 34/2016 & 31/2016 respectively are ordered to run concurrently.