Punjab-Haryana High Court
Baljeet @ Jeeta vs State Of Haryana on 4 November, 2011
Criminal Misc. No. M-22573 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-22573 of 2011 (O&M)
Date of decision: 04.11.2011
Baljeet @ Jeeta ..Petitioner
Versus
State of Haryana ..Respondent
CORAM: HON'BLE MR. JUSTICE NAWAB SINGH
Present: Through Jail.
Mr. S.S. Goripuria, D.A.G., Haryana,
for the respondent - State.
NAWAB SINGH, J. (ORAL)
During Jail Inspection by Hon'ble Administrative Judge, Baljeet Singh @ Jeeta-applicant presented an application to the effect that sentences imposed upon him in different cases viz. (i) First Information Report (for short 'FIR') No.355 dated November 23rd, 2002, under Section 307 etc. of Indian Penal Code (for short 'IPC') and Section 25 of Arms Act, 1959, Police Station Civil Lines, Karnal; (ii) FIR No.519 dated December 31st, 2002, under Sections 8 and 9 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Police Station Baldev Nagar, Ambala; (iii) FIR No.427 dated September 18th, 2003, under Section 302 read with Section 34 IPC, Police Station City, Kaithal, (iv) FIR No.347/05 under Sections 186, 307, 332, 353 read with Section 34 IPC, Police Station Sadar, Thaneshar; (v) FIR No.146 dated April 5th, 2008, under Section 387 IPC, Police Station City, Kaithal; (vi) FIR No.276 dated June 12th, 2008, under Section 174A IPC, Police Station City, Kaithal; (vii) FIR No.277 dated June 12th, 2008, under Section 174A IPC, Police Station City, Kaithal, and; (viii) FIR No.280 dated June 12th, 2008, under Section 174A IPC, Police Station City, Kaithal , be directed to run concurrently.
The application was ordered to be taken up on judicial side by treating it as a petition under Section 482 of the Code Criminal Misc. No. M-22573 of 2011 (O&M) 2 of Criminal Procedure.
The question arising for consideration is: Can this Court by exercising its power under Section 482 of the Code make the sentences awarded in two different cases to run concurrently? The question is no more a res-integra. It has been held by a full Bench of this Court in Jang Singh vs. State of Punjab 2008 (1) RCR (Criminal) 323 that the power to make the sentences to run concurrently can be exercised by the trial Court and if not done so, then by the Appellate Court or Revisional Court. This power cannot be exercised by invoking the provisions of Section 482 of the Code. Hence, the petition is dismissed.
04.11.2011 (NAWAB SINGH) neetu JUDGE