Baiju @ Vijay vs State Of M.P. on 6 August, 2021

[Cites 3, Cited by 1]

Madhya Pradesh High Court

Baiju @ Vijay vs State Of M.P. on 6 August, 2021

Equivalent citations: AIRONLINE 2021 MP 1568, AIRONLINE 2021 MP 1505

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                1
             THE HIGH COURT OF MADHYA PRADESH
                     Cri. Appeal No. 239/2008
                     Cri. Appeal No. 435/2008
                     Cri. Appeal No.436/2008
                     Cri. Appeal No. 437/2008
                     Cri. Appeal No. 446/2008
                     Cri.Appeal No. 612/2008
                     Cri. Appeal No. 623/2008




Gwalior, dated 06.8.2021

       Shri D.R.Sharma, learned counsel for the appellants in
Criminal Appeals No. 239/2008, 435/2008, 436/2008 and
446/2008.
       Shri D.S.Rajawat and Shri Vinay Kumar, learned
counsel for the appellant in Criminal Appeals No., 612/2008
& 623/2008.
       Shri Dharmendra Rishishwar, learned counsel for the
appellant in Criminal Appeal No. 437/2008.
       Shri Rajeev Upadhyay, learned Public Prosecutor for
the respondent/State in Criminal Appeals No.239/2008 and

437/2008.

Shri C.P.Singh, learned Panel Lawyer, for the respondent/State in Criminal Appeals No.435/2008, 436/2008, 446/2008, 612/2008 and 623/2008.

Matter is heard through video conferencing. Learned counsel for the appellants has filed an application under Section 427 of the Code of Criminal Procedure, and prayed for a direction to run all the sentences concurrently imposed against the appellants in different sessions trial.

Learned counsel for the appellants has submitted that appellants have been convicted and sentenced in different special sessions trials as under :

THE HIGH COURT OF MADHYA PRADESH Cri. Appeal No. 239/2008 Cri. Appeal No. 435/2008 Cri. Appeal No.436/2008 Cri. Appeal No. 437/2008 Cri. Appeal No. 446/2008 Cri.Appeal No. 612/2008 Cri. Appeal No. 623/2008 (1) Veera @ Ramveer :

S. Special Conviction under Sentence Fine No. Sessions Sections imposed Trial No./ Judgment dated 1 81/2006/ 400, IPC 10 years RI 2000/-

08.2.2008 302/34, IPC read Life 10000/-

with Sec. 11/13, Imprisonment MPDVPK Act 2 15/2006/ 365, IPC 7 years RI 5000/-

08.2.2008 3 51/2006/ 364(A), IPC, Life 5000/-

08.4.2008 read with Sec. Imprisonment 11/13, MPDVPK Act 365, IPC 5 years RI 2000/-

4 18/2006/ 364(A), IPC, Life 10000/-

03.5.2008 read with Sec. Imprisonment 11/13, MPDVPK Act (2) Baiju @ Vijay :

S. Special Conviction under Sentence Fine No. Sessions Sections imposed Trial No./ Judgment dated 1 24/2004/ 364(A), IPC, Life 10000/-

29.2.2008 read with Sec. Imprisonment 11/13, MPDVPK Act 3 THE HIGH COURT OF MADHYA PRADESH Cri. Appeal No. 239/2008 Cri. Appeal No. 435/2008 Cri. Appeal No.436/2008 Cri. Appeal No. 437/2008 Cri. Appeal No. 446/2008 Cri.Appeal No. 612/2008 Cri. Appeal No. 623/2008 2 18/2006/ 364(A), IPC, Life 10000/-

03.5.2008 read with Sec. Imprisonment 11/13, MPDVPK Act (3) Mahendra @ Lalla:

S. Special Conviction under Sentence Fine No. Sessions Sections imposed Trial No./ Judgment dated 1 51/2006/ 364(A), IPC, Life 5000/-

08.4.2008 read with Sec. Imprisonment 11/13, MPDVPK Act 365, IPC 5 years RI 2000/-

Section 427 of CrPC runs as under :-

"427. Sentence on offender already sentenced for another offence.--(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life 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: Provided that 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.

THE HIGH COURT OF MADHYA PRADESH Cri. Appeal No. 239/2008 Cri. Appeal No. 435/2008 Cri. Appeal No.436/2008 Cri. Appeal No. 437/2008 Cri. Appeal No. 446/2008 Cri.Appeal No. 612/2008 Cri. Appeal No. 623/2008 (2) 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 concurrently with such previous sentence."

From perusal of the aforesaid provision, it is apparent that the appellants Veera @ Ramveer, Baiju @ Vijay and Mahendra @ Lalla, who are already undergoing sentence of imprisonment/imprisonment for life, have been sentenced on a subsequent conviction, as mentioned above. Therefore, the application filed under Section 427 of CrPC is hereby allowed and the subsequent sentence imposed against the aforesaid appellants shall run concurrently with their previous sentence imposed.

Accordingly, the application filed under Section 427 CrPC is hereby disposed of.

Let a copy of this order be sent to concerning Jail Authority.



        (G.S. Ahluwalia)                                       (Rajeev Kumar Shrivastava)
(yog)        Judge                                                       Judge




                           YOGESH VERMA
                           2021.08.07
        VALSALA
        VASUDEVAN
        2018.10.26
        15:14:29 -07'00'
                           16:09:56 +05'30'

Legal Document View

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court