RAMARAJ Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India, praying to give necessary direction to the fourth respondent to order the sentences imposed in three cases viz., Calendar Case No.208 of 2000, S.C.No.7 of 2001 and S.C.No.381 of 2001 shall run concurrently to the petitioner Ramaraj alias Rajmohan.

(2.) It is averred in the petition that on 02-11-2000, the petitioner has been arrested by the first respondent in connection with Crime No.1293 of 2000 under Section 380 of Indian Penal Code. On 12-01-2001, the petitioner has been convicted and sentenced to undergo two years Rigorous Imprisonment under Section 380 IPC in C.C.No.208 of 2000. Further, it is averred in the petition that in Sessions Case No.7 of 2001, the petitioner has been found guilty under Sections 392 read with 397 IPC and sentenced to undergo ten years RI. Likewise, in Sessions Case No.381 of 2001, he has been sentenced to undergo imprisonment for life under Section 302 IPC. The petitioner is in custody for more than 15 years. But there is no specific order to the effect that all sentences imposed against the petitioner shall run concurrently. Under the said circumstances, the present petition has been filed for getting the relief sought therein.

(3.) In the counter filed on the side of the respondents, it is averred that as per Section 427 of the Code of Criminal Procedure, 1973 there is no judicial order to the effect that all sentences imposed against the petitioner shall run concurrently. Under the said circumstances, the present petition is liable to be dismissed.