AMBARISH S. KAPADIA Vs. STATE

JUDGEMENT

(1.) Heard the arguments on both ides.

(2.) These petitions involve a similar question of law and hence are disposed of together.

(3.) The moot question in these petitions is whether, substantive sentences running consecutively due to multiple convictions in different cases could be ordered to run concurrently by this Court, in exercise of power under Sec. 482 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as 'CrPC , for brevity). Criminal Petition 3865/2016. The petitioner in this petition has been convicted and sentenced to imprisonment in six different cases which are as follows: The petitioner was arraigned as accused No.2 in Spl. C.C.No. 18/1987 before the XXI Additional City Civil and Sessions Judge for CBI Cases, Bangalore, wherein the petitioner was convicted and sentenced to undergo simple imprisonment for a term of 4 years for an offence punishable under Sec. 120B read with Sec. 420 of the Indian Penal Code, 1860 (Hereinafter referred to as 'IPC', for brevity) and to pay a fine of Rs. 20,000.00. The petitioner was further convicted and sentenced to undergo simple imprisonment for a period of 4 years for an offence punishable under Sec. 468, Penal Code and to pay a fine of Rs.20,000.00. The petitioner was also convicted for an offence punishable under Sec. 471, Penal Code and sentenced to undergo simple imprisonment for a period of 1 year and to pay a fine of Rs.20,000.00. The substantive sentences were directed to run concurrently. The petitioner proceeded to file an appeal against the aforesaid conviction under Sec. 374(2) of the Cr.PC., 1973 before this Court in Criminal Appeal No. 1758/2003 wherein the appeal was allowed in part and the sentence was modified by sentencing the petitioner to undergo imprisonment for a period of two years and pay a fine of Rs. 20,000.00 for the offence punishable under Sec. 120B r/w 420, IPC; He was further sentenced to imprisonment for a period of two years with a fine amount of Rs.20,000.00 for offence punishable under section 468, IPC; and to serve a further sentence of imprisonment for a period of one year and pay fine of Rs. 20,000.00 for offence punishable under Sec. 471 of the IPC. This Court has ordered the sentence of imprisonment to run concurrently and further ordered set-off against the term of imprisonment already served by the petitioner during trial, under Sec. 428 of the Cr.PC., 1973. The petitioner was arraigned as accused No 2 in Spl. C.C. No 128/1993 before the XXI Addl. City Civil and Sessions Judge for CBI Cases, Bangalore, wherein the petitioner was convicted and sentenced to undergo simple imprisonment for a term of 3 Years and to pay a fine amount of Rs. 50,000.00, for an offence punishable under section 120B, IPC; Rigorous imprisonment for a term of 3 years and pay a fine amount of Rs. 50,000.00, for an of-fence punishable under Sec. 420, Indian Procedure Code The Court further ordered that the substantive sentence of imprisonment shall run concurrently. The petitioner had preferred an appeal under Sec. 374(2) of the Code Criminal Procedure , against the said judgment in Crl. A No. 1527/2004 wherein this Court has dismissed the appeal, confirming the judgment of conviction and sentence passed by the Court below. The petitioner was arraigned as accused No.1 in C.C.No. 1943/1987 before the XVII Additional Chief Metropolitan Magistrate, Bangalore. The learned Magistrate has passed an order of conviction and sentenced the petitioner to undergo simple imprisonment for a period of one year for the offences under Sections 120B, 465, 467, 471 and 420, Penal Code and imposed a fine of Rs.2,000.00 in respect of each of the aforesaid offences and further ordered that the sentence of imprisonment was to run concurrently. Aggrieved by the said conviction, an appeal was filed before the XXI Additional City Civil & Sessions Judge & Principal Judge for CBI Cases, Bangalore City in Crl.A No.432/2007, which was allowed in part, acquitting the appellant of the offence under Sec. 120-B and maintaining the conviction insofar as offences under Sections 420, 465, 468 and 471, IPC. The Court below further ordered that the sentence imposed shall be served by the petitioner after serving the sentence in other conviction warrants pending against the appellant. The petitioner was arraigned as accused No.1 in C.C.No.6567/1989 before the XVII Additional Chief Metropolitan Magistrate, Bangalore. The learned Magistrate passed an order of conviction and sentenced the petitioner to undergo simple imprisonment for a period of one year and also to pay a fine amount of Rs.2000.00 in respect of each of the offences under Sections 120B, 465, 467, 471 and 420, IPC. Aggrieved by the said conviction, an appeal was filed before the XXI Additional City Civil & Sessions Judge & Principal Judge for CBI Cases, Bangalore City in Cr. A No.430/2007, which was allowed in part, acquitting the appellant of the offence under Sec. 120B and maintaining the conviction insofar as offences under Sections 420,465,467 and 471, IPC. The Court below further ordered that the sentence imposed shall be served by the petitioner after serving the sentence in other conviction warrants pending against the appellant. The petitioner was arraigned as accused No.1 in C.C.No.6568/1989 before the XVII Additional Chief Metropolitan Magistrate, Bangalore. The learned Magistrate passed an order of conviction and sentenced the petitioner to undergo simple imprisonment for a period of one year for offences under Sections 120B, 467, 471 and 420, Penal Code and imposed a fine of Rs. 2000.00 in respect of each of the aforesaid offences and further ordered that the sentence of imprisonment was to run concurrently. Aggrieved by the said conviction, an appeal was filed before the XXI Additional City Civil & Sessions Judge & Principal Judge for CBI Cases, Bangalore City in Cr.A No.430/2007, which was dismissed, confirming the order passed by the Magistrate. The petitioner was arraigned as accused No.4 in Spl.Case No. 10/1994 wherein the petitioner has been convicted under Sec. 467 Penal Code read with Sec. 120B, Penal Code and sentenced to undergo imprisonment for a term of 7 years and to pay a fine amount of Rs.50,000.00 imprisonment for 5 years and payment of fine amounting to Rs.50,000.00 for an offence under Sec. 468, IPC; imprisonment for a term of 7 years and a fine amount of Rs.50,000.00 for an offence punishable under Sec. 471, IPC; imprisonment for a period of 3 years and fine of Rs. 25,000.00 for an offence punishable under Sec. 420, IPC. The sentence of imprisonment under these Sections has been ordered to run concurrently. Aggrieved by the said order of the Special Court, the petitioner has preferred an appeal before the High Court of Gujarat in Cr.A No.460/2014 which is said to be pending before that Court.