(1.) This petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking for an order that the sentence imposed on the petitioner shall run concurrently and for a direction to release him on completion of the period of imprisonment, to secure the ends of justice.
(2.) The petitioner is now undergoing imprisonment at Central Prison and Correctional Home, Kannur after being convicted for an offence punishable under Sec. 55(a) of the Kerala Abkari Act, 1077 in S.C. No. 357/2009 pending on the files of Additional District and Sessions (Fast Track) Court-II, Palakkad. The petitioner was sentenced to undergo rigorous imprisonment for 4 years and to pay fine of Rs.1,00,000.00 and in default to undergo rigorous imprisonment for one year. In S.C. No.221/2009 the petitioner was sentenced to undergo rigorous imprisonment for 5 years and to pay fine of Rs.1,00,000.00 and in default to undergo rigorous imprisonment for one year. The above judgments were assailed by the petitioner before this Court respectively in Crl.Appeal Nos.1914/10 and 1858/10.
(3.) Crl.Appeal No.1914/10 was allowed by this Court in part and the sentence was reduced to rigorous imprisonment for one year. The fine imposed was maintained, but, the default sentence was reduced to rigorous imprisonment for 3 months. Crl.Appeal No.1858/10 was dismissed by this Court and thereby the judgment of the trial court in S.C. No.221/09 was confirmed. Copies of the judgments of this Court in respective cases are produced alongwith as Annexures I and II.