(1.) This petition has been moved by Sunil under Section 482 of Cr.P.C.(for brevity the Code) seeking his premature release by making sentences to run concurrently under Section 427(1) of the Code.
(2.) The facts in brief are that the petitioner was convicted and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs.3000/- and in default of payment of fine to further undergo simple imprisonment for a period of 6 months in case F.I.R. No. 108 dated 1.7.2003 under Sections 148/412/307/149 of IPC and 25(IB) of the Arms Act of Police Station Sadar, Sonepat by the learned Additional Sessions Judge, Sonepat on 8.6.2005. He has already been released on 6.2.2008 after completion of 5 years rigorous imprisonment by giving the benefit of undertrial period and earned remissions during the conviction period. He was convicted and sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for 5 months in F.I.R. No. 103 dated 1.7.2003 under Sections 395/397/506 of IPC Police Station Murthal, District Sonepat by the court of Additional Sessions Judge, Sonepat on 15.2.2007.
(3.) I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.