Sharad Hiru Kolambe vs The State Of Maharashtra on 20 September, 2018
On being specifically asked, learned counsel for the CBI has fairly stated
that both decisions rendered in the case of Sharad Hiru Kolambe
(Supra) and Vicky Alias Vikas (Supra) arise from the judgments
passed by the High Court affirming conviction of the concerned
appellant. Those decisions have not been rendered in the context of
exercise of power under section 389(1) of the Cr. P.C which is the power
of the Court to suspend the sentence during pendency of the appeal.
However, he reiterates that the principles laid down under section 30(1)
Clause (3) to the proviso and section 427 of the Cr. P.C do mandate that
sentences imposed upon the appellant are to run consecutively and not
concurrently. Therefore, appellant should not be treated to have
completed half of the custody on completion of 42 months only.
Therefore, his prayer for bail may be rejected.