Section 482 CrPC: Only High Court has the power to direct to run sentences in two different cases concurrently

Prayer

Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the sentences passed by the learned Judicial Magistrate, Bodinayakanur, Theni District in C.C.No.477 of 2018, dated 25.01.2019 to run concurrently along with the sentence passed in C.C.No.02/2019, dated 21.01.2019.

Fact

2.The petitioner was involved in two different cases on two different occasions. One case was registered on the file of the first respondent for the offences under Sections 457 and 380 of IPC and after completion of investigation, charge sheet had been filed and the same taken cognizance in C.C.No.477 of 2018, on file of the learned Judicial Magistrate, Bodinayakanur. Then, he was also involved in another case, for which, FIR had been registered for the offences under Section 454 and 380 of IPC on the file of the second respondent and culminated into C.C.No.2 of 2019. In both the cases, the petitioner was convicted and sentenced by the judgment, dated 21.01.2019 in C.C.No.2 of 2019, in which, he was sentenced to undergo three years imprisonment. Subsequently, the petitioner was also convicted in C.C.No.477 of 2018, dated 25.01.2019 on the file of the very same learned Judicial Magistrate and sentenced to undergo three years imprisonment. The petitioner had already undergone a period of ten days of remand and he has been in prison from 27.09.2018 till today. However, the learned Judicial Magistrate, Bodinayakanur, while sentencing him for three years imprisonment.

Conclusion

4.In view of the above judgment [Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station – 2018-2-LW(Crl)773], the scope of Section 427 of Cr.P.C. is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature shall go concurrently. It is also clear that this Court can exercise its jurisdiction under Section 482 of Cr.P.C and issue direction that the sentence imposed by the trial Court to run concurrently.

5.In the case on hand, the petitioner was convicted and sentenced in two cases by the same Court in C.C.Nos.477 of 2018 by order dated 25.01.2019 and in C.C.No.2 of 2019, dated 21.09.2019.

6.In view of the above, this Court is of the considered opinion that the sentences imposed on the petitioner in both the cases shall be run concurrently. Accordingly, the criminal original petition is allowed.

Party

Murugan @ Panni Murugan …Petitioner Vs. 1. The State represented by The Sub Inspector of Police, Kombai Police Station, Theni District. & ors…Respondents – Crl.O.P.(MD) No.4142 of 2022 – dated on 6th April 2022 – Coram: The Honourable Mr. Justice G.K.Ilanthiraiyan – Before The Madurai Bench Of Madras High Court

https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/821067

Further study

CONCURRENT SENTENCING: MADRAS HIGH COURT DIRECTS TO RUN SENTENCES IN TWO DIFFERENT CASES CONCURRENTLY.

SECTION 427 Cr.P.C – TWO DIFFERENT CASES – SAME ACCUSED – NOT ENTITLED FOR THE BENEFIT

SECTION 427 CR.P.C & PLEA BARGAINING – IMPORTANCE OF INVOKING – EXPLAINED