KALU Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 read with section 427 of Cr.P.C. is filed by the applicant Kalu for seeking a direction to the effect that subsequent sentence awarded to him may run concurrently with the previous sentence that was awarded to him in a different case.

(2.) Brief facts of the case are that the present applicant sentenced to undergo 5 years rigorous imprisonment with fine of Rs.500/ under section 394 of IPC by learned First Additional Sessions Judge, Dhar in Sessions Case No.327/2009. The applicant filed an appeal before this Court, which was registered as criminal appeal bearing No.327/2009 and was disposed of by order dated 12.04.2010. The appeal was partly allowed and while maintaining the conviction under section 394 of IPC, the sentence was reduced to the period already undergone. The applicant was also facing trial under section 394 and 397 of IPC in ST No.311/2009. He was again convicted by the Special Judge and Additional Sessions Judge, Dhar in judgment dated 31.07.2010 and he was sentenced to rigorous imprisonment for 7 years under section 394 read with section 397 of IPC. Present applicant preferred appeal against this conviction and sentence, which is pending before this Court as Criminal Appeal No.944/2010.

(3.) Admittedly, none of the courts below exercised power under section 427 of Cr.P.C. and, therefore, sentence awarded to him would run consequtively one after the other. By the present application, the applicant prays that a direction may be issued now that sentence awarded to him in two above mentioned cases, should run concurrently, exercising the extra ordinary power conferred to this Court under section 482 of Cr.P.C. Learned counsel for the applicant cited judgment of Full Bench of this Court in the case of Shersingh Vs. State of MP, 1989 CrLJ 632. In this case, benefit of provisions of section 427 of Cr.P.C. was not extended to the accused and question arose whether such direction can be issued by the High Court under section 482 of Cr.P.C. The Full Bench while dealing with the legal questions referred to it by the learned Single Judge of the Court, formed following questions for consideration: