TaxTMI 
TaxTMI 
2017 (2) TMI 1521
X X X X Extracts X X X X
X X X X Extracts X X X X
....r.P.C. and order that sentences awarded in two different cases shall run concurrently." The Division Bench of this Court in Arjun Ram vs. State of Rajasthan and Ors. (D.B.Criminal Misc. Petition No.1912/2013 along with three other miscellaneous petitions) reported in 2016(1) Cr.L.R. (Raj.) 346, answered the said reference in the following terms: "As per Section 427 Code of Criminal Procedure, in normal course a person already undergoing a sentence of imprisonment, if sentenced on a subsequent conviction to imprisonment, such imprisonment commence at the expiration of the imprisonment to which he has been previously sentenced, but the court in its discretion based on settled principles may direct that the subsequent sentence shall run concurrently with previous sentence. While exercising such discretion, the trial court, appellate court or revisional court, as the case may be, keeps in mind several factors. While examining such factors, the possibility of some error cannot be ruled out. Not only the error, but absolutely non- consideration of the issue about invoking this discretion, may also be there and that may cause great injustice. In general, it can be said that ev....
X X X X Extracts X X X X
X X X X Extracts X X X X
....whom he borrowed money and when those cheques were presented in the bank, the same could not be honoured, resulting in filing of the complaints against the petitioner and thereafter the conviction of him for the offence punishable under section 138 of the N.I.Act. It is argued that going by the sentence calculation, which has been awarded to the petitioner would effectively mean that the total length of sentences in aggregate would be more than 18 years and 11 months and in default of payment of fine in total about 24 months additional simple imprisonment has been awarded to the petitioner meaning thereby that the total sentences awarded to the petitioner come to about 20 years and 11 months. It is also argued that the petitioner is behind the bars since 02.12.2011 and till January, 2017, he had served five years and one month's sentence out of total sentence of 18 years and 11 months. It is further argued that though the petitioner was awarded those sentences in different cases but all the cases are of similar nature. It is also averred that the maximum sentence in respect of present kind of offence is two years simple imprisonment and if all the sentences are allowed to....
X X X X Extracts X X X X
X X X X Extracts X X X X
....oing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence." As per sub-section (1) of section 427 CrPC when a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such imprisonment shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: As per second proviso to sub-section (1) of section 427 CrPC where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. Sub-section (2) of section 427 CrPC provides that when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run conc....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ction and if the petitioner has not paid the fine/compensation as directed by the trial courts, the said sentences would run consecutively. Needless to say, if the petitioner pays the fine/compensation now, he is not required to undergo default sentences. (sentences awarded by the trial courts in default of payment of fine/compensation). ============= Document 1 S. No. Case No. 1385/2011 1. Court Addl. Metropolitan Magistrate No.12, Jaipur Date 05.11.2011 738/2009 Addl. Metropolitan 17.04.2012 2. Magistrate No.8, Jaipur 1151/2009 Metropolitan 05.09.2012 3. Magistrate No.15, Jaipur 1107/2012 Addl. Metropolitan 25.09.2012 4 Magistrate No.12, Jaipur 1106/2012 Addl. Metropolitan 25.09.2012 5. Magistrate No.12, Jaipur 247/2010 Addl. Metropolitan 15.10.2012 6. Magistrate No.3, Jaipur 11/2010 Addl. Metropolitan 23.11.2012 7. Magistrate No.3, Jaipur 1228/2012 Metropolitan 26.04.2013 8. Magistrate No.17, Jaipur 9. 986/2009 Addl. Metropolitan 08.05.2013 Magistrate No.9, Jaipur Imprisonment & Fine 1 year Simple imprisonme....