ANANTKUMAR SHRIGANESH TIWARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These applications are made by the convict, who came to be convicted in two different offences by two different judgments. The applicant came to be convicted in Sessions case No.46 of 2003 by Sessions Court, Gandhinagar and in Sessions Case No.133 of 2003 by Sessions Court, Ahmedabad (Rural) decided on 5.8.2004 and 18.1.2006 respectively. He had preferred Criminal Appeal Nos.1613 of 2004 and 514 of 2006. Both the appeals came to be dismissed by this Court on merits. Now, he has approached this Court with these applications making the following prayers :-

(2.) We have heard learned advocate Mr Vijay Patel appearing with Mr Rupera. He has relied on a decision of the Allahabad High Court rendered in Mulaim Singh V/s. State, 1974 CrLJ 1397 and a decision of the Bombay High Court in Satnam Singh Puransing Gill V/s. State of Maharashtra, 2009 CrLJ 3781. He submitted that this Court may exercise its discretion and direct that both the sentences awarded in two trials and confirmed by two different appeals by coordinate Benches of this Court may be ordered to run concurrently in exercise of powers under Section 427 of Cr. PC. He also submitted that the Court may exercise its inherent powers in the interest of justice.

(3.) Section 427 of Cr. PC runs as under :-