RAM PARSHAD Vs. STATE

JUDGEMENT

(1.) This application under Section 427 read with Section 482 of the Cr.P.C. has been moved for directions to run the sentences in two cases concurrently. Regular criminal appeal against the impugned judgment and the order on sentence dated 21.1.2004 and 24.1.2004 respectively, passed by Addl. Session Judge, Delhi is pending in this Court. Another Crl.A No.620/03 is also pending in this court. I have heard Shri S.K. Sood, learned counsel for the appellant/applicant and Shri Sunil K. Kapoor, learned Additional Public Prosecutor and have gone through the file. In the other Criminal A. No.620/2003 (FIR 182/1998 under Section 489-C, IPC, PS-Malviya Nagar, Delhi), the applicant has already undergone the awarded sentence of 3 years. He was also fined Rs.10,000/- which he did not pay and is undergoing sentence in default of payment.

(2.) In the present matter, vide FIR No.443/1998 under Section 89-C, IPC, PS Kashmiri Gate, Delhi, the applicant has been awarded 3 years sentence and a fine of Rs.500/-. In default of payment of fine, further SI for 3 months . Application for bail has been dismissed in this appeal, vide order dated 7.3.2005 passed by my learned predecessor. The applicant has already undergone a period of 25 months and is serving remaining period of 11 months and if he does not pay fine then he will further undergo SI for 3 months. It is submitted that the appeal is not likely to be heard in the near future, therefore, both the sentences may be ordered to run concurrently and consequently the applicant be released. Learned counsel for the appellant has referred to Section 427 of the Code of Criminal Procedure which is reproduced here under : Sentence on offender already sentenced for another offence : 427. (1)When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence.

(3.) Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.