ROHTASH Vs. STATE

JUDGEMENT

(1.) By this petition filed under Section 482 read with Section 427 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks the sentences in case FIR No.194/2004 under Sections 392/394/397/411/34 IPC and FIR No.65/2009 under Sections 308/379/324/34 IPC both registered at P.S. Shahdara, Delhi to run concurrently.

(2.) The concise facts of the present case are that the petitioner was convicted in case FIR No.65/2009 under Sections 324 and 325 read with Section 34 IPC by learned District Judge-cum-Additional Sessions Judge, In-charge, North East District, Karkardooma Courts, Delhi vide judgment dated 19.05.2012 and vide order on sentence dated 26.05.2012 the petitioner was sentenced to RI for two years and fine of Rs.1,000/- under Section 324 and RI for three years with fine of Rs.1,000/- under Section 325/34 IPC and in default of payment of fine, the petitioner was to undergo further RI for three months and the substantive sentences were to run concurrently. The petitioner was also convicted on 16.08.2010 and vide order dated 19.8.2010 sentenced to undergo RI for 10 years and fine of Rs.3,000/- (Rupees Three thousand) in default of payment of fine the petitioner was to further undergo RI for 9 months in case FIR No.194/2004 under Sections 392 and 394 read with Section 34 IPC registered at P.S. Shahdara, Delhi. The petitioner preferred Criminal Appeal No.268/2011 before this Court. Vide order dated 24.03.2014 judgment of conviction was maintained and order on sentence was modified to the period already undergone. It was also observed that the appellant had undergone more than 5 years incarceration.

(3.) Learned counsel for the petitioner submits that the petitioner was arrested on 20.01.2010 in case FIR No.65/2009 under Sections 308/379/324/34 IPC registered at P.S. Shahdara, Delhi and since then he is in judicial custody. She, therefore, prays that sentences in both the cases may be allowed to run concurrently.