2016 (10) TMI 1074

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....003 by Judicial Magistrate First Class, 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/....

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.... Indian Penal Code Set off 97 days. At large bail period-153 days. 2 CC 533/04 JFMC II,Thrissur Wdt. 8-6-2005 Sentenced to undergo RI for 2 years Under Section 392 Indian Penal Code Set off 521 days. 3 CC 529/04 JFMC II,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 P....

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....12-2011 7 SC 171/05 ADSJ Adhoc II Kottayam 7th Sentence Started 09-12-2011     Sentence 5 years 09-12-2016     Set off 418 days 18-10-2015 8 CC 274/06 JFCM Kodungallur 8th Sentence Started 18-10-2015     Sentence 3 years 18-10-2018     Set off 414 days 30-08-2017 9 CC 158/04 JFCM Chavakkad 9th Sentence Started 30-08-2017     Sentence 2 years 30-08-2019     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....

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....ous sentence. 6. In terms of Sub-section (1) of Section 427, if a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such subsequent term of imprisonment would normally commence at the expiration of the imprisonment to which he was previously sentenced. Going by this normal principle, the sentence chart indicated in the communication dated 27.05.2016 is quite correct. However this normal Rule is subject to a qualification and it is within the powers of the Court to direct that the subsequent sentence shall run concurrently with the previous sentence. 7. In V.K. Bansal v. State of Haryana and Anr. (2013) 7 SCC 211 it was stated by this Court: It is manifest from Section 427(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 th....