A S NAIDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE following question has been referred by Bhave. J. far decision: Whether this Court can exercise discretion under Section 397 of the Code of Criminal Procedure and direct the sentence awarded in subsequent trials to run concurrently with the sentence awarded in previous trial even after the appeals or revisions preferred by the convict have been dismissed?

(2.) FOR a proper consideration of this question, it is necessary to refer to Section 397 of the old Code of Criminal Procedure (hereinafter referred to as 'the Code') which corresponds to Section 427 of the new Code of Criminal Procedure. The said section is reproduced below for facility of reference:

(3.) THE general Title is that- a sentence commences from the time it is passed. This section creates an exception in the case of persons already undergoing a sentence of imprisonment. It provides that a sentence, which is first passed and which the accused is undergoing, must be given effect to first and the sentence subsequently passed shall follow after the expiration of the first sentence. Subsection (1) of the section, however, confers a discretion on the Court to direct that the subsequent sentence shall run concurrently with the previous sentence. The main point for consideration in this case is whether this discretion can be exercised after an appeal or revision relating to the subsequent conviction and sentence has been disposed of by the High Court.