PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant matter comes up on an application under Sec. 482 Cr.P.C read with Sec. 427 Cr.P.C with the prayer that the substantive sentence awarded to the petitioner in Criminal Case NO. 377/2015 (130/2015)(296/1998) passed by learned Additional Chief Judicial Magistrate, Jahajpur, District Bhilwara vide judgment dtd. 29/11/2016 and in Criminal Case No. 05/2014 passed by learned Additional Chief Judicial Magistrate No. 9, Jaipur Metropolitan vide judgment dtd. 2/12/2016 may be ordered to run concurrently.

(2.) Learned counsel for the petitioner submits that total two cases were registered against the petitioner. In Criminal case No. 377/2015, the petitioner has been convicted for offence under Sec. 420, 468, 473 IPC and sentenced to 07 years RI alongwith fine. Against the said judgment, petitioner filed an appeal before the learned Additional Sessions Judge, Shahpura, District Bhilwara and same was dismissed vide order dtd. 13/6/2017 against which, petitioner has filed revision Petition No. 1418/2017. In another Criminal case No. 05/2014, the petitioner has been convicted for offence under Sec. 420, 419, 406, 120B IPC and sentenced to 05 years R.I alongwith fine.

(3.) Learned counsel for the petitioner submits that the maximum term of imprisonment awarded to the petitioner in both the cases is 07 years alognwith fine. As per custody certificate of the petitioner, so far the petitioner has undergone imprisonment of 06 years 03 months as on 17/1/2024, therefore, it is prayed that since the offence relates to same period in different cases, therefore, it is a fit case, wherein the Court may exercise inherent powers for invoking Sec. 427 Cr.P.C. in the interest of justice. Learned counsel for the petitioner has placed reliance upon the order passed by co-ordinate Bench of this Court in the case of Anup Khati @ Kaliya Khati v. State of Rajasthan reported in 2018 (3) Cri.LR (Raj) 1246 and Rajender v. State of Rajasthan reported in 2017 (2) Cri.LR (Raj) 561.