RAMESH KRISHNA SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER-REMESH Sawant, Convict No. C-1867, detained in Nasik Road Central Prison, Nasik has preferred the present petition with a prayer that the sentences awarded to him in three different cases arising out of three different crime numbers be directed to run concurrently.

(2.) FROM a perusal of the aforesaid application and the affidavit filed by Dr. B. B. Wagh, Jailor Group No. II, attached to Nasik Road Central Prison, it transpires that the petitioner was tried and convicted in the below mentioned three cases :-

(3.) WE have heard Mr. Kulkarni, counsel for the petitioner and Mr. Lambay learned Additional Public Prosecutor for the State. Learned Counsel for petitioner has drawn our attention to the provisions contained in section 427 of Cr. P. C. wherein, it is incorporated that this Court has the discretion to order sentences in different cases to run concurrently. He submits that in view of the aforesaid provision, the sentences of the petitioner in the aforesaid three cases be directed by us to run concurrently. We regret that we cannot subscribe to Mr. Kulkarnis contention because all the three aforesaid cases do not arise out of the same transaction. They arise out of different transactions, different crime numbers pertain to different police stations and they have been decided by separate judgments. Learned Additional Public Prosecutor brought to our notice decision of the Apex Court reported in A. I. R. 1988, Supreme Court 2143, (Mohammed Akhtar Hussain v. Assistant Collector, Customs) In para 10 of the aforesaid case, Their Lordships of the Apex Court have observed as follows :-ara 10 :