Jivan @ Devendra Natthu Chalase vs The State Of Maharashtra And Another
2023 Latest Caselaw 11854 Bom

Bombay High Court

Jivan @ Devendra Natthu Chalase vs The State Of Maharashtra And Another on 29 November, 2023

Author: R.G. Avachat

Bench: R.G. Avachat

2023:BHC-AUG:25009-DB
                                                                           Cri.W.P. No.415/2023
                                                        :: 1 ::


                          IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                               BENCH AT AURANGABAD

                                 CRIMINAL WRIT PETITION NO.415 OF 2023


                 Jivan @ Devendra Natthu Chalase                  ... PETITIONER

                          VERSUS

                 The State of Maharashtra & anr.                  ... RESPONDENTS

                                                 .......
                 Mr. Nitin Bhavar, Advocate for petitioner
                 Mr. A.R. Kale, A.P.P. for State
                                                 .......

                                           CORAM :      R.G. AVACHAT AND
                                                        SANJAY A. DESHMUKH, JJ.

                                           DATE     :   29th NOVEMBER, 2023

                 ORDER:

Heard. This petition has been filed with the following

prayer :

"(B) The substantive sentences of life imprisonment imposed on the petitioner vide judgment and order dated 8/12/2011 passed by the Additional Sessions Judge at Dhule in Sessions Case No.118/2010 and the judgment and order dated 4/10/2014 passed by the Additional Sessions Judge at Bhusawal in Sessions Case No.69/2014 may please be directed to run concurrently."

2. The petitioner has been convicted for the offence

punishable under Section 302 of the Indian Penal Code by the trial

Court (Additional Sessions Judge, Dhule) vide judgment and order

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dated 8/12/2011 in Sessions Case No.118/2010; and while he was

undergoing life sentence, he again committed an offence of murder

while he was on furlough/ parole leave and, therefore, sentenced to

suffer life imprisonment vide judgment and order dated 4/10/2014,

passed by learned Additional Sessions Judge, Bhusawal in

Sessions Case No.69/2014.

3. Section 427(2) of the Code of Criminal Procedure

reads thus :

"When a person is 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."

4. In view of the aforesaid provision, the petition stands

allowed in terms of prayer clause (B).

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)

fmp/-