Sentence on offender already sentenced for another offence.
(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction ... which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence : Provided that where
extracted:
“427. Sentence on offender already sentenced for another offence
- (1) when an person already undergoing sentence of
imprisonment is sentenced on a subsequent conviction ... that the direction regarding concurrent running
of sentence shall be limited to the substantive sentence only. The sentence
which the appellant has been directed
sentences in cases of substantive sentences of
imprisonment. Any sentence of imprisonment in default of fine has to be in
excess of, and not concurrent ... running of sentences. Likewise if two life sentences are
imposed on the convict, necessarily, Court has to direct those sentences to
run concurrently
Neera Yadav vs Central Bureau Of Investigation on 2 August, 2017
Equivalent citations: AIR 2017
running of sentences nor provided the order of running of sentences, if
they were to run consecutively. Interestingly, while the Trial Court
sentenced the appellants ... normal rule is to order the
sentence to be consecutive and exception is to make the
sentences concurrent. Of course, if the court does
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 ... concurrent
running of sentences” is granted only with respect of substantive
sentences; but the sentences of fine and default sentences shall not
be affected
which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence. Not infrequently, applications under ... apprised about the existence of the previous sentence. At any rate ordering of sentence to run concurrently does not amount to altering the finding
which he has been previously sentenced unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence:
6. The legislative intent ... when a person already undergoing a sentence of imprisonment is subsequently convicted and sentenced for another offence the sentence awarded under the subsequent conviction shall
under:
427. Sentence on offender already sentenced for another
offence.
10
(1) When a person already undergoing a sentence of
imprisonment is sentenced ... issued by the court while imposing the
subsequent sentence that the subsequent sentence to run
concurrently with the previous sentence.
23
11. Even otherwise
Kaziman Gurung vs State Of Sikkim on 26 July, 2017
Author: Bhaskar Raj Pradhan
Bench
