IRENEBAM NABAKUMAR SINGH Vs. GOVERNMENT OF MANIPUR,

JUDGEMENT

(1.) THIS is an application under Sections 435/561 -A read with section 397 of the Code of Criminal Procedure for an order directing that the sentences imposed upon the petitioner in five cases be made to run concurrently.

(2.) THE petitioner, who was the Pay Naik of "D" Coy. 1st Bn. Manipur Rifles, was tried and convicted in five separate cases, viz. F. I. R. Case Nos. 418(A) (8) 1967 -IPS., 418(B) (8) 1967 -IPS., 418(C) (8) 1967 -IPS., 418 (D) (8) 1967 -IPS., and 418(E) (8) 1967 -IPS., under Sections 420 and 465 I. P. C. He was sentenced to rigorous imprisonment for one year and also to pay a fine of Rs. 100/ - in default to rigorous imprisonment for one month under Section 420 I. P. C. and to rigorous imprisonment for six months under Section 465 I. P. C. the sentences to run concurrently.

(3.) THE case against him was that he destroyed five postal savings bank pass books as well as the savings account files and registers relating to five employees of the Battalion after drawal of approximately Rs. 7,588.44 P. by forging the withdrawal forms. All the five cases were tried by the same Magistrate, namely Shri Y. Ibotombi Singh, Judicial Magistrate (I) of Manipur, and the judgments were delivered on the same day, that is, on 31.7.1970. There was however no order under Section 397 Criminal Procedure Code directing that the sentences will run concurrently. The petitioner did not prefer any appeal against the judgment and order of the Magistrate in any of the cases. On 17.2.1972, the present petition was filed by the petitioner from jail for an order directing the sentences to run concurrently. The State has opposed this petition.