(1.) Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal.
(2.) In the present proceeding a direction is sought by present petitioner-prisoner to treat the sentences given for two different offences like for the offences punishable under Section 498-A and 306 of the I.P.C. to run concurrently. In sessions case no.67 of 2001 which was pending in the Court of learned Sessions Judge, Nanded he is convicted for these offences. For the offence punishable under Section 498-A he is sentenced to suffer R.I. for two years and for the offence punishable under Section 306 of the I.P.C. he is sentenced to suffer R.I. for five years. The trial Court Judge did not mention in the operative order that these two sentences are to run concurrently. Criminal Appeal No. 252 of 2003 was filed in this Court and the learned Single Judge of this Court dismissed that appeal by decision dated 12.07.2016.
(3.) The aforesaid point was not raised in the appeal and so that point was not considered by the learned Single Judge.