Kaziman Gurung vs State Of Sikkim on 26 July, 2017
Author: Bhaskar Raj Pradhan
Bench
Sentence on offender already sentenced for another
offence.
(1) When a person already undergoing a sentence of
imprisonment is sentenced on a subsequent conviction ... sentence shall run con- currently
with such previous sentence.
21. It is settled position of the law that the direction to run the sentence
concurrently
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 ... sentences. Likewise if two life
sentences are imposed on the convict, necessarily, the court
has to direct those sentences to run concurrently.
14. The opening
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
specify the order in which
the sentences are to run. If the court directs running of
sentences concurrently, order of running of sentences ... sentences. Likewise if two life sentences are
imposed on the convict, necessarily, the court has to direct
those sentences to run concurrently.
68. The Supreme
thus :-
"Sentence on offender already sentenced for another offence - (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent ... which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence :
Provided that where
that the Sessions
Judge, while passing the sentences, did not direct
that the sentences should run concurrently or for
that matter consecutively. It is claimed ... Sentence on offender already
sentenced for another offence.- (1)
When a person already undergoing a
sentence of imprisonment is
sentenced on a subsequent conviction
::: Downloaded
follows:
427. Sentence on offender already sentenced for another offence- (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent ... person is undergoing a sentence for life is sentenced subsequently for life imprisonment, subsequent sentence shall run concurrently. No separate order is necessary. Normally when
which he
has been previously sentenced, unless the Court directs that the
subsequent sentence shall run concurrently with such previous
sentence:
Provided that where ... sentence of
imprisonment for life is sentenced on a subsequent conviction
to imprisonment for a term or imprisonment for life, subsequent
sentence shall run concurrently
years has been the so called
single transaction rule for concurrent sentences. If a given
transaction constitutes two offences under two enactments generally ... offences and sentenced to different terms of
imprisonment under each such count, all such sentences are directed to
run concurrently. The idea behind