JIWAN Vs. STATE

JUDGEMENT

(1.) THIS application under Section 561-A of the Code of Criminal Procedure has been filed by convict Lalia,, Jagan Nath and Jiwan praying that the sentences imposed upon them in the three cases be ordered to run concurrently. In Sessions case No. 55 of 1964 decided on 27-11-65 the petitioners have been convicted under Section 396 IPC by the learned Sessions Judge, Alwar and each of them has been sentenced to undergo rigorous imprisonment for ten years. In Criminal case no. 18/897 of 1966 decided on 23-9-66, they have been convicted under Sections 224, 332 and 379 IPC by the Sub-Divisional Magistrate, Alwar and each of them has been sentenced to undergo rigorous imprisonment under each count for one year, six months and six months respectively. All the three sentences have been made to run concurrently. In Criminal Case No. 18/230 of 1965 decided on 3-268, the petitioners have been convicted under Section 3/25 of the Indian Arms Act by the First Class Magistrate Rajgarh (Alwar) and each of them has been sentenced to undergo simple imprisonment for one year.

(2.) THE application is opposed on behalf of the State.

(3.) THE question arises whether this Court can exercise its inherent power to make the aforesaid sentences to run concurrently. Section 561-A Cr. P. C. is to the following effect:--