SUKHRAJ SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved by the fact that although he has been convicted for the offence under Sections 459, 352, 324, 323, and Sections 363, 344, 366, 376 I.P.C. in two separate trials, and although he has been sentenced to different terms of imprisonment in each of the trial, in case his sentences are not directed to run concurrently, he will have to serve more than. 15 years' of rigorous imprisonment. Therefore, he has prayed before this Court that his sentences may be directed to run concurrently, rather then consecutively. In order to support this contention, the learned counsel for the petitioner has relied on the case of Vimal Mehra Vs. State of Rajasthan, 2008 (1) Cr.L.R. (Raj.) 789 and on the case of Mohd. Akhtar Hussain Vs. Assistant Collector of Customs (Prevention), Ahmedabad & Anr., (1988) 4 SCC 183 .

(2.) On the other hand, learned Public Prosecutor has contended that according to Sec. 427 Crimial P.C. in case a person has been convicted and sentenced in one trial and in case he were to be convicted and sentenced in another trial, subsequently, the sentences shall run consecutively and not concurrently.

(3.) Heard learned counsel for the parties and perused the case law cited at the Bar.