AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant parole writ petition has been filed on behalf of the petitioner-convict Amba Lal who is undergoing sentences at the Central Jail, Udaipur upon having been convicted in three different cases decided by the learned Addl. Chief Judicial Magistrate, Chhoti Sadri, Distt. Pratapgarh.

(2.) The petitioner-convict has prayed that the sentences awarded to him in the three cases are being made run consecutively and resultantly despite having suffered actual imprisonment for a period of three and a half years, he is still being kept in custody despite the fact that the sentence awarded to him in the Criminal Case No. 259/2005 for the offences under Sections 457 and 380 I.P.C. is of three years' R.I. He prayed that the sentences awarded to him in the three cases be directed to run concurrently by applying the provisions of Sections 427 and 428 Cr.P.C.

(3.) A reply has been filed on behalf of the State of Rajasthan. It has been pleaded in the reply that the petitioner was convicted in the three cases separately and as the Court convicting the petitioner did not direct that his sentences should run concurrently, as such, he has to suffer the sentences one after the other as per Section 427(1) Cr.P.C. It has also been mentioned that the petitioner had served a total sentence of 5 years 4 months and 25 days till 31.5.2013.