SURAJ PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Suraj Pal, who is undergoing sentence of imprisonment for life in District Jail, Rohtak, under Sections 396/397 I.P.C. in case FIR No. 4 dated 6.1.1976 registered at Police Station Nuh, District Gurgaon, has filed this petition under Section 482 read with Section 427 of the Code of Criminal Procedure (hereinafter referred to as the Code) for issuing direction to run his two sentences in two separate trials concurrently.

(2.) PETITIONER , who is resident of District Mathura (Uttar Pradesh), was convicted and sentenced to undergo rigorous imprisonment for 5 years under Section 399 I.P.C. and 3 years under Section 402 I.P.C. by judgment dated 6.9.1979, passed by Addl. Sessions Judge -I, Mathura. The said conviction and sentence was upheld by the Allahabad High Court in appeal by judgment dated 20.3.1997. Subsequently, the Petitioner was also convicted and sentenced to undergo rigorous imprisonment for life under Sections 396/395/397/412 I.P.C. by judgment and order dated 11.8.1981 and 12.8.1981, respectively, passed by Addl. Sessions Judge, in case FIR No. 4 dated 6.1.1976 registered at Police Station Nuh, District Gurgaon. In the said case, the Petitioner along with his co -accused was found guilty to have committed murder of two persons while committing dacoity and caused grievous hurt to other persons. The said conviction and sentence has also been upheld by this Court and then by the Hon'ble Apex Court. The Petitioner was admitted in jail on 12.8.1996, after dismissal of his appeal by the Hon'ble Apex Court.

(3.) COUNSEL for the Petitioner contends that even though a prayer was not made at the time of awarding of second sentence, but this Court in exercise of inherent powers under Section 482 of the Code can direct running of the sentences concurrently and in this case, there is no reason for denying this benefit to the Petitioner. Counsel for the Petitioner put reliance upon the decision of this Court in Joginder Singh v. State of Punjab,, 1996 (3) RCR 741 and Ram Dhan v. State of Haryana, (Crl. Misc. No. 16858 -M of 2003).