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2021 DIGILAW 535 (RAJ)

Dhannaram @ Dhaniya v. State Of Rajasthan

2021-03-03

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - The convict petitioner Dhanna Ram @ Dhaniya has forwarded the instant miscellaneous petition under Section 482 CrPC from jail praying for a direction that the sentences award to him in the following two cases may be ordered to run concurrently:- S. No. Name of the court Case No. Offences for which convicted Date of judgment Sentence awarded 1. A.D.J. Fast Track No.2, Bikaner 42/2008 323, 341 and 394 IPC 16.07.2009 10 years rigorous imprisonment alongwith a fine of Rs.12,000/- and in default of payment of fine, additional imprisonment of 8 months 2. A.D.J. No.3 Bikaner 58/2004 304 Part II 07.04.2014 8 years rigorous imprisonment alongwith a fine of Rs.2,000/- and in default of payment of fine, additional imprisonment of 2 months 2. It may be stated here that initially in the Sessions Case No.58/2004, the petitioner was convicted for the offence under Section 302 IPC and was sentenced to life imprisonment. As per the nominal roll of the convict, the sentences awarded to him in both the cases were being operated concurrently, but no sooner the petitioner's conviction was altered by a Division Bench of this court from the offence punishable under Section 302 IPC to that under Section 304 Part II IPC and he was sentenced to imprisonment of 8 years, the sentences of the convict have been made consecutive. As per the custody certificate, the petitioner has served out the sentence awarded to him in the case involving the offence under Section 394 IPC, whereas in the case involving the offence under Section 304 Part II IPC, he has till date served out the sentence of 7 years 1 month and 17 days. 3. Mr. Kaluram Bhati, learned Amicus Curiae, assisting the court pro bono, has placed reliance on the Supreme Court decision in the case of Vicky @ Vikas Vs. State (Govt. of NCT of Delhi) [Criminal Appeal No.208/2020 decided on 31.01.2020. and the Division Bench judgment of this court in the case of Arjun Ram Vs. State of Rajasthan & Ors.,2016 1 CrLR 346] and urged that this court, while exercising powers under Section 482 CrPC by invoking the powers of Section 427 CrPC can direct that the sentences awarded to a convict in two different cases to run concurrently. 4. Having considered the submissions advanced by Mr. State of Rajasthan & Ors.,2016 1 CrLR 346] and urged that this court, while exercising powers under Section 482 CrPC by invoking the powers of Section 427 CrPC can direct that the sentences awarded to a convict in two different cases to run concurrently. 4. Having considered the submissions advanced by Mr. Bhati and the learned Public Prosecutor and after going through the above-referred judgments and keeping in view the fact that the petitioner has already undergone sentence of 7 years and 1 month out of the total sentence of 8 years to be served out by him in the case involving the offence under Section 304 Part II IPC, I deem it fit to direct that the sentences awarded to the petitioner in the two cases referred to supra shall run concurrently. A copy of this order shall be forthwith transmitted to the Superintendent, Central Jail, Bikaner and the convict himself. 5. The petition is allowed in these terms.