LAWS(BOM)-2022-4-261

MAHADEV ASARAM SILLODE Vs. STATE OF MAHARASHTRA

Decided On April 06, 2022
Mahadev Asaram Sillode Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, heard finally at admission stage.

(2.) The petitioner, who is a life convict, has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India seeking directions that the life sentence imposed by the 4th Adhoc Additional Sessions Judge, Jalna in Sessions Case No. 100 of 2005, confirmed by this Court in criminal appeal No. 576 of 2006 and the sentence of 10 years rigorous imprisonment imposed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No. 305 of 2011, to run concurrently in terms of the provisions of Sec. 427(2) of Cr.P.C.

(3.) Learned counsel for the petitioner submits that the inherent powers under sec. 482 of Cr.P.C. are required to be exercised to prevent the abuse of process of any Court or otherwise to secure the ends of justice. In the case of Gian Singh vs. State of Punjab & Anr, reported in 2012 Cr.L.J. 4934 (1) the Apex Court in para 49 has made the following observations:-