INDRAVADAN VAJESINH DARBAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocates appearing for the respective parties.

(2.) The facts necessary for disposal of present Criminal'Misc. Applications are that the applicant was tried, convicted and sentenced by the appeal Court for the offences punishable u/s 276C and 277 of the'Income Tax Act'r/w'section 177'and'199'of the IPC. The details of which are as under:

(3.) As the sentences awarded to the applicant are made to suffer separately and therefore, it is one of the contentions of the applicant that the direction needs to be issued that the applicant's sentences shall run concurrently. Sub section (2) of'section 427'of the Code of Criminal Procedure, 1973 provides that 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. From the above, it can be gathered that the intention of the Legislature is that even a life convicts have been held entitled to benefit of subsequent sentence being run concurrently if life term or any lesser term with the different yardstick cannot be applied unless there are compelling reason to do so. Since issue needs to be examined in detail pending hearing of present Criminal Revision Applications, relief in terms of para 6(a) is granted on same terms and conditions as were imposed by the appeal Court pending hearing of the appeal, but subject to furnishing fresh bail bond of Rs.15,000/-.