2016 (10) TMI 1074

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.... Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code, iii) CC No. 390 of 2004 by Judicial Magistrate First Class, Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code and (iv) CC No. 1168 of 2006 by Judicial Magistrate First Class, Kunnamkulam. By separate judgments, the Appellant was convicted and sentenced in each of the aforesaid crimes. The respective appeals preferred by the Appellant were dismissed by the Sessions Judge, Thrissur. The Appellant filed Criminal Revision Petitions in the High Court which were also dismissed. The following chart would disclose the relevant details: C.C. No. /Offence Date of Occurrence Date of Conviction and Sentence by Judicial Magistrate First Class Crl. Appeal No.  Crl. R.P. No. in the High Court SLP No. 158/2004 in the Court of Judicial Magistrate First Class (in short JMFC), Chavakkad/Under Section 379, 414 r/w 34 of Indian Penal Code 03.06.2003 28.06.06, RI for 2 years and fine of Rs. 1,000/- for offence Under Section 379 Indian Penal Code and RI for 2 years Under Section 414 ID RI for 3 months 533/2012 decided on 15.11.2012 by Sessions Judge, Thrissur 808....

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....I,Thrissur Wdt. 18-6-2005 Sentenced to undergo RI for 3 years Under Section 392 Indian Penal Code, Set off 493 days 4 CC 1270/13 JFCM Sentenced to undergo RI for 2 years + fine Rs. 5000/- i/d 4 CC 1270/13 JFCM Changanassery Wdt. 18-6-2005 Sentenced to undergo RI for 2 years + fine Rs. 5000/- i/d SI for 1 month Under Section 380 Indian Penal Code, RI for 2 years + fine Rs. 5,000/- i/d SI for 1 month Under Section 457 Indian Penal Code (Concurrently) Set of 348 days 5 CC 1115/03 JFCM Irinjalakuda Wdt. 4-7-2005 Sentenced to undergo RI for 2 years + fine Rs. 2,000/- i/d SI for 2 months Under Section 379 Indian Penal Code Set off 402 days 6 CC 932/05 JFMC Irinjalakuda Wdt. 4-7-2005 Sentenced to undergo RI for 2 years + fine Rs. 2,000/- i/d SI for 2 months Under Section 379 Indian Penal Code Set off 465 days 7 CC 171/05 ADSJ Ad hoc II Kottayam Wdt. 25-11-2005 Sentenced to undergo RI for 5 years Under Section 392 Indian Penal Code, RI for 3 years Under Section 120(B) Indian Penal Code (Concurrently) Set off 418 days. 8 CC 274/06 JFCM Kodungallur Wdt. 30-9-2008 Sentenced to undergo SI for 3 years Under Section 205 Indian Penal Code Set off 414 days 9 CC 158/04 JFCM Chavak....

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.... Set off 347 days 17-09-2018 10 CC 1039/03 JFCM Chavakkad 10th Sentence Started 17-9-2018     Sentence 2 years 17-09-2020     Set off 240 days 21-01-2020 11 CC 390/04 JFCM Chavakkad 11th Sentence Started 21-01-2020     Sentence 2 years 21-01-2022     Set off 141 days 02-09-2021 12 CC 1168/06 JFCM Kunnamangalam 12th Sentence Started 02-09-2021     Sentence 1 year 02-09-2022     Set off 14 days 19-08-2022   Fine Sentence Details   19-10-2022 (F4)       19-12-2022       (F5)       19-02-2023       (F6)       19-05-2023       (F9)       19-08-2023 (F10)       19-11-2023       (11)       19-05-2024       (F12)   As per the records, he will spend 12 years 3 months and 8 days in prison as on 31/07/2016. His date of expiry of substantive sentence falls on 19-08-2022 without any remission. He has already earned 3 years 10 months 27 days remission as on 26-05-16. He h....

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....7(1) that the Court has the power and the discretion to issue a direction but in the very nature of the power so conferred upon the Court the discretionary power shall have to be exercised along the judicial lines and not in a mechanical, wooden or pedantic manner. It is difficult to lay down any straitjacket approach in the matter of exercise of such discretion by the courts. There is no cut and dried formula for the Court to follow in the matter of issue or refusal of a direction within the contemplation of Section 427(1). Whether or not a direction ought to be issued in a given case would depend upon the nature of the offence or offences committed, and the fact situation in which the question of concurrent running of the sentences arises. This Court then went on to club various crimes in respect of which sentences were imposed upon the Appellant therein in three groups; i) the first having 12 cases, ii) the second having 2 cases and iii) the third having a single case. This Court directed that substantive sentences within first two groups would run inter se concurrently and the substantive sentences in first two groups and that in respect of the case in the third group would ru....