HEMANT UDAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this petition under Section 482 of the Code of Criminal Procedure being aggrieved by the order dated 24/10/2018 passed by J.M.F.C, Bhopal whereby learned JMFC had dismissed the prayer of the applicant for executing the jail sentence passed in Criminal Cases No.9296/2014, 12251/2014 and 12253/2014 concurrently.

(2.) The facts giving rise to this petition, in short, are that the applicant has been convicted in three criminal cases under Section 138 of Negotiable Instruments Act i.e. in Criminal Case No.9296/2014 and sentenced to undergo one year RI along with compensation, in Criminal Case No.12251/2014 under Section 138 of Negotiable Instruments Act and sentenced to undergo one year RI along with compensation, in Criminal case No.12253/2014 under Section 138 of Negotiable Instruments Act and sentenced to undergo one year RI along with compensation. The applicant filed an appeal before the appellate Court and the appellate Court had affirmed the conviction and sentence in each of the criminal cases. The applicant thereafter filed an application under Sections 31 and 427 of Cr.P.C. before the Judicial Magistrate First Class, Bhopal alleging therein that conviction and sentence passed in the above mentioned three criminal cases have been affirmed by the appellate Court. In all, the conviction and sentences passed in different-different criminal cases on the same day, the applicant has been sentenced to undergo one year RI along with compensation in each of the criminal cases, therefore, he be allowed to serve all the sentenced for all criminal cases currently, however, learned JMFC Court has dismissed that application vide order dated 24/10/2018. The applicant has filed this petition under Section 482 of Cr.P.C. for invoking the inherent power and seeking direction for allowing him to serve all the sentences passed in different-different cases concurrently.

(3.) Learned Panel Lawyer opposes the aforesaid prayer and submits that the applicant has been convicted and sentenced in different criminal cases, hence, there is no need to direct the concerned jail authority to run all these sentences concurrently and prays for dismissal of the petition.