MUNNA Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Garg, J. Heard Sri V. K. Chaturvedi, learned counsel for the applicant as well as learned A. G. A.

(2.) THE applicant Munna son of Mohan Singh, resident of Garhi Jahan Singh, P. S. Shamshabad, District Agra has been convicted in three separate trials, in which maximum sentence has been passed for a prison term of five years. THE applicant is in jail since 12-3-1992. It is prayed that the order of sentence passed in the three Session Trials be made concurrent and since the applicant has already undergone a sentence of more than five years, the Jail Authorities be directed to release the applicant forthwith.

(3.) THE general rule is that a sentence commences to run from the time of its being passed. Section 424, Cr. P. C. however, creates an exception in the case of persons already undergoing imprisonment and postpones operation of the subsequent sentences until after the expiry of the previous sentence. Where the Court dealing with subsequent cases, does not pass an order that the sentence should run concurrently with the previous sentence, the law takes its course and the sentences are to run consecutively. In the instant case, as said above, no order has been passed in the subsequent two trials by the trial Court that the sentences passed in the said trials would run concurrently with the previous sentences, with the result, the orders of sentences passed in the subsequent two trials shall run consecutively.