PRADEEP Vs. THE STATE NCT OF DELHI

JUDGEMENT

(1.) BY way of the present petition filed under Section 427 read with 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') for concurrent running of sentence in case bearing FIR No. 307/2001 registered at Police Station Kalyanpuri, New Delhi, for the offences punishable under Sections 324/34 IPC and Criminal Appeal No. 586/1999 arising out of the judgement dated 29.09.1999.

(2.) LEARNED counsel appearing on behalf of the petitioner submits that while deciding the aforementioned Criminal Appeal No. 586/1999, this Court did not give the benefit of concurrent running of sentences to the appellant for the subsequent sentence awarded by the learned Metropolitan Magistrate vide order dated 16.11.2011 in case bearing FIR No. 307/2001 registered at Police Station Kalyanpuri, New Delhi, for the offences punishable under Sections 324/34 IPC. He submits that the appellant is in custody since August, 2011 and has already suffered almost four and half years of sentence.

(3.) IN support of his submissions, learned counsel has placed reliance on the judgment of Kotikalapudi Subba Rao Vs. State of A.P. & Ors., : 2008 (5) SCC 390.