Allahabad High Court
Sanjay Kumar vs State Of U.P. on 13 February, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 66 Case :- APPLICATION U/S 482 No. - 39092 of 2022 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Vivek Singh, the learned counsel for applicant and the learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed for modification of the judgment and orders dated 11.08.2022 passed by Second Additional Chief Judicial Magistrate, Gautam Budh Nagar in the following 23 cases:-
1- S.T. No. 1962 of 2022 (Case Crime No. 1054 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
2- S.T. No. 1603 of 2022 (Case Crime No. 1150 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
3- S.T. No. 1711 of 2022 (Case Crime No. 1040 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
4- S.T. No. 1637 of 2022 (Case Crime No. 1020 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
5- S.T. No. 1618 of 2022 (Case Crime No. 1045 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
6- S.T. No. 1642 of 2022 (Case Crime No. 62 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
7- S.T. No. 1614 of 2022 (Case Crime No. 1133 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
8- S.T. No. 1613 of 2022 (Case Crime No. 74 of 2022), U/s 379, 411, 120B IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
9- S.T. No. 1710 of 2022 (Case Crime No. 1143 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
10- S.T. No. 1644 of 2022 (Case Crime No. 61 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
11- S.T. No. 1758 of 2022 (Case Crime No. 1108 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
12- S.T. No. 1643 of 2022 (Case Crime No. 1092 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
13- S.T. No. 1611 of 2022 (Case Crime No. 1029 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
14- S.T. No. 1712 of 2022 (Case Crime No. 13 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
15- S.T. No. 1610 of 2022 (Case Crime No. 09 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
16- S.T. No. 1535 of 2022 (Case Crime No. 49 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
17- S.T. No. 1709 of 2022 (Case Crime No. 955 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
18- S.T. No. 1612 of 2022 (Case Crime No. 941 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
19- S.T. No. 1645 of 2022 (Case Crime No. 08 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
20- S.T. No. 1641 of 2022 (Case Crime No. 71 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
21- S.T. No. 1538 of 2022 (Case Crime No. 22 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
22- S.T. No. 1539 of 2022 (Case Crime No. 55 of 2022), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
23- S.T. No. 1140 of 2022 (Case Crime No. 1138 of 2021), U/s 379, 411, 120B, 34 IPC, P.S.-Beeta 02, District-Gautam Budh Nagar.
Learned counsel for applicants submits that applicant has been convicted and sentenced in above-mentioned criminal case on the same day i.e. 11.08.2022. However, at the time of passing of aforesaid judgment and orders, court below did not provide that conviction and sentence awarded to applicant in all the above-mentioned cases shall run concurrently. Consequently, by virtue of the provisions contained in Section 427 Cr.P.C., the applicant has to undergo sentence in each of the case independently i.e. one after the other. Resultantly, applicant will remain under detention for a period of (6 Months + 13 Days) x 23 = 148 Months = approximately 12 years. He has then invited the attention of Court to the judgment of Supreme Court in Iqram Vs. State of U.P. and Others 2022 SCC Online SC 1735 and on basis thereof, he submits that judgment and order referred to above, are liable to be modified by this Court by directing that the conviction and sentence awarded against applicant in above-mentioned criminal cases shall run concurrently.
Per contra, the learned A.G.A. has opposed the present application. He submits that no application was filed by applicant before court below itself praying therein that since applicant is confessing his kill, therefore, the conviction and sentence in all the criminal cases pending against applicant should be directed to run concurrently. As such, modification of the impugned judgment and orders as prayed by applicant before this Court is wholly misconceived.
Having heard, the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court find that it is an undisputed fact that applicant has been convicted in above-mentioned 23 criminal cases on account of the confession made by him. However, court below itself should have realized the precarious condition of the applicant inasmuch as, by not providing that all the sentences shall run concurrently, applicant shall undergo sentence for a period of approximately 5 years.
The Apex Court in Iqram (Supra) has categorically dealt with a similar situation and held that in case, the conviction of an accused is allowed to occur serially, the same shall be in derogation of the Constitutional mandate. This being the position, this Court is of the view that interest of justice shall be served, in case, the judgments and orders passed by court below are modified by providing that all the conviction and sentences awarded against applicant shall run concurrently.
Accordingly, present application is allowed.
The judgment and orders dated 11.08.2022 passed by Second Additional Chief Judicial Magistrate, Gautam Budh Nagar in abovementioned cases shall stand modified by providing that the conviction and sentences awarded against applicant by means of aforementioned orders shall run concurrently.
Order Date :- 13.2.2023 Vinay