Bombay High Court
Viru @ Virendra S/O Dhanraj Yadav And ... vs State Of Mah. Thru Pso on 12 November, 2025
2025:BHC-NAG:11840
1 apeal-677-05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Application (APPA) No. 756 of 2025
in
Criminal Appeal (APEAL) No. 677 of 2006
Pintu Girdharilal Yadav
Versus
State of Maharashtra through Police Station Officer, Police Station
Kamptee, District Nagpur
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
Shri S.D.Chande, Advocate for the applicant/Appellant.
Shri A.R.Chutke, APP for the respondent/State.
CORAM : NIVEDITA P. MEHTA, J.
Reserved on : 4th November, 2025.
Pronounced on : 12th November, 2025.
By the present Application for Speaking to the Minutes, the
Applicant has requested to mention in the operative part of the judgment
and order dated 07.01.2019 passed by the Hon'ble High Court in
Criminal Appeal No. 677/2006 that, the substantive sentence imposed
under Section 376 (g) of Indian Penal Code (hereinafter referred to "IPC")
for 10 years imprisonment and the substantive sentence imposed under
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Section 506 r/w 34 of Indian Penal Code for 1 year imprisonment shall
run concurrently and sought direction against the Jail Authority to release
the applicant forthwith.
2. The facts leading to the instant application in a nutshell are as
under.
2.1. The Accused No. 1 namely, Viru @ Virendra S/o. Dhanraj Yadav
and the Accused No. 2 namely, Pintu S/o. Girdharilal Yadav (Applicant)
both were convicted for the offence punishable U/s. 376 (g) of IPC and
each was sentenced to suffer Rigorous Imprisonment for 10 years and to a
fine of Rs. 500/- each and in default to suffer further RI for 15 days each.
Both the accused were also convicted for the offence punishable U/s. 506
r/w 34 of IPC and each is sentenced to suffer RI for 1 year and to pay a
fine of Rs. 500/- and I/D to suffer further RI for 15 days each; as per the
judgment and order of conviction dated 01.11.2006 in Special Case No.
09/2005 passed by the learned 10th Ad-hoc Additional Sessions Judge,
Nagpur.
2.2 It is significant to note here that, the learned Trial Court in the
operative part of the aforesaid Judgment dated 01.11.2006 had miserably
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failed to observe as to whether both the above substantive sentences
imposed upon the accused persons were to run concurrently or
consecutively.
2.3. The accused have assailed the aforesaid judgment and order of
conviction before the Hon'ble High Court by filing Criminal Appeal No.
677/2006 which was dismissed on 07.01.2019 and the judgment and
order of conviction dated 01.11.2006 passed by the learned 10 th Ad-hoc
Additional Sessions Judge, Nagpur in Special Criminal Case No.
09/2005, convicting the appellants for the offences punishable U/s. 376
(g) and 506 r/w 34 of IPC was confirmed, as the accused were found
guilty of the said offences during reappreciation of the evidence by the
Hon'ble Court in the criminal appeal.
2.4. It would be necessary to mention here that, in the 1 st para of the
aforesaid order passed by the Hon'ble High Court on 07.01.2019 in the
said criminal appeal, it has been incorrectly observed that, the learned trial
court has directed that both the substantive sentences shall run
concurrently.
2.5. The accused have thereafter assailed the aforesaid order passed by
the Hon'ble High Court before the Hon'ble Supreme Court of India by
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filing Special Leave Petition, which came to be dismissed and as such,
ultimately, the judgment and order of conviction passed by the learned
trial court has then attained finality.
2.6. Needless to mention here that the accused had, neither before the
Hon'ble High Court nor before the Hon'ble Apex Court has, ever raised
any concern regarding the manner or mode of the substantive sentences
imposed upon them, to run concurrently or consecutively.
2.7. Further, the Criminal Writ Petition No. 234/2025 filed by the
appellant/accused before the Hon'ble High Court for premature release of
the applicant also came to be dismissed on 23.07.2025.
2.8. In this view of the matter, the applicant has then moved the instant
application for speaking to the minutes and sought incorporation of the
words 'both the substantive sentences shall run concurrently' in the
operative part of the order passed by the Hon'ble High Court on
07.01.2019 in Criminal Appeal No. 677/2006, arising out of the
judgment and order of conviction dated 01.11.2006 in Special Case No.
09/2005 passed by the learned 10th Ad-hoc Additional Sessions Judge,
Nagpur whereby, the applicant was convicted for the offence punishable
U/s. 376 (g) and U/s. 506 r/w 34 of IPC and sentenced to suffer RI for 10
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years and RI for 1 year, respectively and the applicant has also sought his
immediate release. Thus, the non-release of the applicant owing to
absence of the aforesaid words in the operative part of the order is the core
issue leading to the filing of the present application for speaking to the
minutes by the applicant.
3. When the matter was taken up for hearing, the learned counsel for
applicant Shri. S.D. Chande has fairly admitted that, after the judgment
and order passed by the learned trial court on 01.11.2006, the applicant
has neither raised such contention at any time before the Hon'ble High
Court in Criminal Appeal nor before the Hon'ble Supreme Court in
Special Leave Petition and after lapse of considerable long time, it was
raised for the first time by way of the instant application for speaking to
the minutes and therefore, the same may be considered by exercising
discretion in favour of the accused.
3.1. The learned counsel for applicant Shri. S.D. Chande however
submitted that, the Hon'ble High Court while deciding the appeal, in the
1st Para it's order dated 07.01.2019 has observed that the learned Trial
Court has directed that 'both the substantive sentences shall run
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concurrently.' However, in its operative part, the appellate court failed to
mention it inadvertently. Therefore, it is necessary to mention those words
in the operative part of the order of the appellate court dated 07.01.2019
and as the jail authorities are not considering that, the substantive
sentences are directed to run concurrently, the instant application for
speaking to the minutes has been moved by the applicant.
3.2. The learned counsel for applicant Shri. S.D. Chande further
submitted that the applicant has already completed the substantive
sentence U/s. 376 (g) of IPC with remission and now, the applicant is
undergoing further one year imprisonment U/s. 506 r/w 34 of IPC.
Therefore, for securing the ends of justice, it is necessary to mention in the
judgment and order passed by the Hon'ble Appellate Court dated
07.01.2019 that, the substantive sentences shall run concurrently and the
jail authorities be directed to release the applicant forthwith as the
applicant has completed the substantive sentence U/s. 376 (g) of IPC.
3.3. The learned counsel for applicant Shri. S.D. Chande further
submitted that, both the offences of which the accused were convicted,
were arising out of one and the same transaction and therefore, the
substantive sentences are meant to run concurrently and for the said
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reason, the omission of the words 'both the substantive sentences shall run
concurrently' in the operative order by the learned trial court or appellate
court has to be interpreted in favour of the accused and not otherwise and
so, the accused may not be allowed to languish in jail further.
3.4. The learned counsel for applicant Shri. S.D. Chande has then relied
on the judgment of the Full Bench of the Madhya Pradesh High Court in
the case of Shersingh -versus- State of M.P., reported in 1989 CRI. L.J.
632 to submit that, by virtue of Section 482 of Cr.P.C., this Hon'ble
Court, under its inherent powers, can order to run the sentences
concurrently, even if, the trial court or the appellate or revisional court has
not exercised its discretion under Section 427 of Cr.P.C. and even though
the conviction has become final. Similarly, he has also relied on the
judgment of the Bombay High Court in the case of Satnam Singh
Puransing Gill -versus- State of Maharashtra reported in 2009 SCC
Online Bom 52 (2009 ALL MR (Cri) 1351) to contend that, an
obligation of a mandatory nature is casted upon the courts under Section
427 of Cr.P.C. to provide the benefit to the convict and discretionary
power is vested in the courts to direct sentences to run concurrently.
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4. Per contra, the learned APP Mr. Amit Chutke at the outset has
urged that, apart from the fact of inordinate delay in approaching the
court, the reliefs sought by the applicant by way of an instant 'application
for speaking to the minutes' are, in fact, of the nature of review and/or
modification of the order and hence, are itself wholly unsustainable in law
and cannot be granted in view of the law laid down by the Hon'ble Apex
Court in the case of Akhil Bharatvarshiya Marwari Agarwal Jatiya Kosh
And Others -Versus- Brijlal Tibrewal And Others reported in (2019) 2
Supreme Court Cases 684. Relying on the said judgement, he
vehemently submitted that, an application for speaking to the minutes can
be entertained only for the purpose of correcting a typographical error or
an error through oversight, which might have occurred while transcribing
the original order. However, it cannot be considered on par with a review
application or with an application for clarification or modification of
order, otherwise, it may amount to virtually modifying the original
judgment and order of conviction and hence, would be beyond
jurisdiction of this Hon'ble Court in regard to scope of deciding such an
application for speaking to the minutes. He submitted that in the said
judgment, the Hon'ble Apex Court has also considered the judgment of
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the Gujrat High Court in the case of Kotak Mahindra Bank Ltd. -Versus-
Official Liquidator of M/s. Gujrat BD Luggage Lts. & Ors, reported in
2012 SCC Online Guj 4339.
4.1. The learned APP Mr. Amit Chutke would then submit that recently,
the Hon'ble Apex Court in the case of Filomena Saldanha Through Power
Of Attorney Mr. Frazier Saldanha -Versus- Sunil Kohli Represented By
His Power Of Attorney, Mr. Naval Bowry, & Ors reported in 2025 INSC
595 has noted the scope of such applications as pronounced by it in the
judgment of Akhil Bharatvarshiya Marwari Agarwal Jatiya Kosh And
Others -Versus- Brijlal Tibrewal And Others reported in (2019) 2
Supreme Court Cases 684 and therefore, it still holds the field. He would
then further submit that the applicant is at liberty to take appropriate
recourse as is available in law and withdraw the present application.
4.2. The learned APP Mr. Amit Chutke further submitted that, when it
was incorrectly mentioned in the 1 st para by the appellate court that, the
trial court has directed concurrent running of both the substantive
sentences, then, in that case, it was the duty of the applicant to point out it
to the Hon'ble court then and there only so as to enable it to correct its
mistake. However, the applicant has with an ulterior motive kept mum for
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so many years. He further submitted that those observations in para 1 of
the order dated 07.01.2019 are nothing but an inadvertent passing remark
which are contrary to the record and hence, are of no use and consequence
now to the applicant.
4.3. The learned APP Mr. Amit Chutke then took me through Section
31 and Section 427 of Code of Criminal Procedure (hereinafter referred as
"Cr.P.C.) and submit that, on a plain reading of section 31, it is seen that it
is left to the discretion of the court imposing sentence as to whether the
sentence should be made consecutive or concurrent and it appears that
normally, the substantive punishment of imprisonment shall commence
one after the expiration of other unless the court directs that the said
punishment shall run concurrently. Thus, if the court does not direct, it
would mean the punishment shall run consecutively one after the other.
Further, when the sentences are made to run concurrently, the court has to
direct so. Further, the omission to state the order of consecutive running
of the sentences cannot ipso facto lead to concurrent running of the
sentences and that, the principle related with single transaction cannot be
imported for dealing with such omissions. In support of his submissions,
he has relied on the judgment of the Hon'ble Supreme Court in the case
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of Sunil Kumar Alias Sudhir Kumar And Another -Versus- State of Uttar
Pradesh reported in (2021) 5 SCC 560. The learned APP Mr. Amit
Chutke would further submit that, in this case, the reliance placed by the
learned counsel for the applicant upon section 427 of Cr.P.C. is wholly
misconceived for the reason that, section 31 deals with sentences of
multiple offences imposed upon a convict in one trial whereas section 427
relates to multiple trials and the sentences that are dealt with in a
subsequent conviction. Therefore, in the present case, only section 31 has
application and not section 427 of Cr.P.C.
4.4. The learned APP Mr. Amit Chutke fairly admits that in many
judicial pronouncements it has been held that, when one or more offences
occurred in the course of a single transaction, the substantive sentences are
to run concurrently. He however submitted that, whether a sentence
should run concurrently or consecutively, would mainly depend upon the
nature of offence committed and the facts and circumstances of each case.
4.5. The learned APP Mr. Amit Chutke has also pointed out that, the
corresponding provision to section 31 of Cr.P.C. is incorporated as section
25 under the Bharatiya Nagarik Suraksha Sanhita, 2023 with
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modification which empowers the court to impose such punishments to
run concurrently or consecutively considering the gravity of offence.
5. Heard the respective counsel for the parties at length and perused
the record.
6. The short question that arises for consideration is whether this
Court, after its judgment dated 07.01.2019 has been affirmed by the
Hon'ble Supreme Court, can exercise jurisdiction under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, to modify or alter the said
judgment so as to direct that the sentences shall run concurrently. Before
adverting to the jurisprudence relating to Section 31 of the Code of
Criminal Procedure, this Court considers it appropriate to summarise the
issues that have been raised by the applicant for determination, namely--
a) Whether this Court, by way of an independent application, can
issue any direction with respect to the mode or manner of execution of
sentence after the judgment has attained finality?
b) Whether such a direction can be issued by invoking the inherent
powers of this Court?
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7. Before proceeding to deal with the issue involved in the matter the
facts of the case is that, on 08.12.2004 around 09:00 p.m., when the
prosecutrix was escaping out alongwith her two small children from the
backside of her hut, the accused caught her by her hair in the courtyard
and threatened her with broken bottle and dragged her to a secluded place
where they committed forcible sexual intercourse with her. Further, when
accused no.1 had sexually ravished her, her children were in the custody of
the accused no.2 (applicant) at a few distance away as hostages and after
satisfying his lust, when the accused no.1 come back, the accused no.2
(applicant) had went and sexually ravished her and at that time, her
children were in the custody of the accused no.1. Further, after the
incident, she was threatened to not to disclose the incident to anybody
otherwise the accused would kill her husband and children and destroy
her hut.
One can imagine the mental trauma and agony faced by the
prosecutrix after the alleged incident and looking to the manner in which
the alleged heinous offence was committed, the leaned trial court must
have refrained itself from exercising discretion in favour of the accused by
not mentioning concurrent running of the substantive sentences. Already
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the discretion has been exercised along judicial lines by the learned trial
court keeping in view the manner of offence and its gravity.
8. This court would like first to reproduce Section 31 and Section 427
of Criminal Procedure Coder ( hereinafter referred to as Cr.P.C.) as under:
31. Sentence in cases of conviction of several offences at one trial.--(1)
When a person is convicted at one trial of two or more offences, the Court
may, subject to the provisions of section 71 of the Indian Penal Code (45 of
1860), sentence him for such offences, to the several punishments prescribed
therefor which such Court is competent to inflict; such punishments when
consisting of imprisonment to commence the one after the expiration of the
other in such order as the Court may direct, unless the Court directs that
such punishments shall run concurrently.
(2) In the case of consecutive sentences, it shall not be necessary for
the Court by reason only of the aggregate punishment for the several
offences being in excess of the punishment which it is competent to inflict on
conviction of a single offence, to send the offender for trial before a higher
Court:
Provided that--
(a) in no case shall such person be sentenced to imprisonment for a
longer period than fourteen years;
(b) the aggregate punishment shall not exceed twice the amount of
punishment which the Court is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of
the consecutive sentences passed against him under this section shall be
deemed to be a single sentence.
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
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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.
(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.
Section 31 of the Code of Criminal Procedure, 1973 is a pivotal
provision that governs the mode of sentencing when an accused is
convicted of two or more offences at one trial. The section, while
conferring wide discretion upon the sentencing court, does not lay down
specific guidelines as to the circumstances in which sentences should run
concurrently or consecutively. The language of the provision makes it
clear that the direction for sentences to run concurrently or consecutively
pertains to the method of execution of the sentence and does not alter the
nature or quantum of punishment. The legislative intent underlying
Section 31 is to empower courts to impose multiple punishments in
appropriate cases while ensuring that aggregate punishment remains
proportionate and not excessive.
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9. Under Section 31(1), CrPC, when a person is convicted of two
or more offences at one trial, the sentencing court, subject to Section 71 of
the Indian Penal Code, 1860 ("IPC"), is competent to award separate
punishments for each offence. In the absence of any specific direction,
such sentences shall run consecutively. Section 31(2) further clarifies that
even where consecutive sentences are imposed, the aggregate punishment
shall not exceed fourteen years, nor shall it exceed twice the amount of
punishment the court is competent to inflict for a single offence.
10. It is the option of the trial court that passes a different
sentence on the accused at trial to order for concurrently, i.e. the lesser
punishment should be merged with the greater punishment. When in a
trial, several offences are ordered by the court and the court has not
directed the method of sentencing, then the sentences shall run one after
another as directed by the court. In O.M. Cherian alias Thankachan v.
State of Kerala and Others [(2015) 2 SCC 501], the Hon'ble Supreme
Court has observed in paragraph 20 as under:
"20. Under Section 31 CrPC it is left to the full discretion of the court to
order the sentences to run concurrently in case of conviction for two or
more offences. It is difficult to lay down any straitjacket approach in the
matter of exercise of such discretion by the courts. By and large, trial
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courts and appellate courts have invoked and exercised their discretion to
issue directions for concurrent running of sentences, favouring the
benefit to be given to the accused. Whether a direction for concurrent
running of sentences ought to be issued in a given case would depend
upon the nature of the offence or offences committed and the facts and
circumstances of the case. The discretion has to be exercised along the
judicial lines and not mechanically.".
11. However, this court found substance in the argument of the
learned APP Mr. Amit Chutke that, whether a sentence should run
concurrently or consecutively, would mainly depend upon the nature of
offence committed and the facts and circumstances of each case. The
record reveals that the accused had committed heinous crime by
committing gang rape upon a married lady and by threatening and
holding her small children as hostages in their custody. Therefore, the trial
court has not exercised its jurisdiction contemplated under section 31 of
Cr.P.C. in his favour. Even the appellate court found the accused guilty of
those offences and the conviction is maintained till Apex Court.
12. This court further finds that in the present case, the applicant
is convicted U/s. 376(g) of IPC and sentenced to suffer RI for 10 years
and he is also convicted U/s. 506 r/w 34 of IPC and sentenced to suffer RI
for 1 year. As such, the applicant is convicted for two offences in a single
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trial and therefore, as has been rightly pointed out by learned APP Mr.
Amit Chutke, Section 427 of Cr.P.C. has no application, since he was not
convicted and sentenced to punishment in different trials.
13. The applicant was convicted by the learned Trial Court on
01.11.2006 and thereafter, his Appeal was dismissed on 07.01.2019 on
merits and lastly, the SLP filed by applicant was dismissed. Thus, the
conviction of the applicant has attended finality. The Criminal Writ
Petition No. 234/2025 for premature release of the applicant was
dismissed on 23.07.2025.
14. In the judgment relied by the learned counsel for applicant
Shri. S.D. Chande in the case of Shersingh -versus- State of M.P., reported
in 1989 CRI. L.J. 632 (Supra), the applicant therein who was undergoing
sentences in two different cases has invoked the inherent powers of the
MP High Court under section 482 of Cr.P.C. for requesting the sentences
passed in those two cases against him to run concurrently. This court is
not disputing the ratio of law laid down in that judgment that, by virtue of
its inherent powers under Section 482 of Cr.P.C., the Hon'ble High Court
can order to run the sentences concurrently even if the trial court or the
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appellate or revisional court has not exercised it's discretion under Section
427 of Cr.P.C. and even though, the conviction has become final.
However, significantly, it was not an application for speaking to the
minutes and therefore, is of no help to the applicant to support his
contention that, this court has jurisdiction to deal with the same in an
application for speaking to the minutes.
15. Even in the case of Satnam Singh Puransing Gill -versus-
State of Maharashtra reported in 2009 SCC Online Bom 52 (2009 ALL
MR (Cri) 1351) relied by the learned counsel for applicant Shri. S.D.
Chande to buttress his submission that, an obligation is casted upon the
courts under Section 427 of Cr.P.C. to provide the benefit to the convict
by directing the sentences to run concurrently. This court is not disputing
propositions of law set out in that judgment. However, the Hon'ble Apex
Court in the said judgment has itself left the question of jurisdiction,
maintainability to be decided by the learned single judge in accordance
with law. Even in this case also, it was not directed to pass such orders
while dealing with applications for speaking to the minutes.
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16. The learned counsel for applicant/ appellant argued that this
court has the inherent power to direct the method of sentencing if the trial
court has failed to expressly mention it in the judgment, and the High
Court has the power to rectify this error of law under the inherent power
of the court. As far as this argument of the appellant is concerned, this
court finds the argument partially correct. The appellant court has the
power to rectify this error, as was held in the case of Sunil Kumar v. State
of U.P., (2021) 5 SCC 560 . In para12, the court observed that it is the
High Court's duty to correct the error and direct the method of sentencing
the relevant para is reproduced below-
"12. As noticed, if the court of first instance does not specify the
concurrent running of sentences, the inference, primarily, is that the court
intended such sentences to run consecutively, though, as aforesaid, the
court of first instance ought not to leave this matter for deduction at the
later stage. Moreover, if the court of first instance is intending consecutive
running of sentences, there is yet another obligation on it to state the
order (i.e. the sequence) in which they are to be executed. The disturbing
part of the matter herein is that not only the trial court omitted to state the
requisite specifications, even the High Court missed out such flaws in the
order of the trial court".
17. However, in the present case, it should be noted that this error
has not been brought before this court as a ground of appeal. In the
present case, the appellant has already exhausted all the remedies by
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appealing to the Supreme Court. The question of the method of
sentencing was not raised by the appellant for a reasonable time. Now the
appellant is stating that the court should independently place an order for
declaring the sentencing method to run consecutively. This plea has not
been raised before the original appellate court nor the Honourable
Supreme Court. There was no reasonable explanation as to why there was
so much delay in raising this plea.
18. In the present case, the conviction and sentence recorded by
the learned Trial Court were challenged before this Court and thereafter
before the Hon'ble Supreme Court. Both Courts upheld the conviction
and sentence in toto. At no point during the proceedings was any
argument advanced that the sentences should have been directed to run
concurrently.
19. In Akhil Bharvarshiya Marwari Agarwal Jatiya Kosh and
others v. Brijlal Tribrewal and others, (2019) 2 SCC 684, the Court held
that any order which seeks to alter substantive rights or introduces new
directions amounts to a review or modification and, therefore, falls outside
the scope of a mere correction note. It is further noted that no appeal or
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cross-objection has been filed by the plaintiff; accordingly, the High Court
cannot grant the relief sought in the absence of such appellate or cross-
objection jurisdiction. It is also clarified that the jurisdiction and scope of
civil and criminal courts are substantially different. The ratio decidendi of
a civil case cannot be mechanically applied to a criminal proceeding.
However, the Court does not dispute the principle that an application
seeking correction of clerical or arithmetical errors in the proceedings may
be entertained. Nevertheless, such an application cannot be equated with
an application for review, which involves a substantive reconsideration of
the order.
20. It is a well-settled principle of criminal jurisprudence that
once a judgment of conviction and sentence attains finality, having been
affirmed by the appellate and the apex courts, the same cannot be
reopened or modified by way of any subsequent application. The Hon'ble
Supreme Court, in Criminal Appeal Nos. 1153-1155 of 2021, has
reiterated that under Section 362 of the Code of Criminal Procedure
(analogous to Section 473 of BNSS, 2023), no Court has the power to
alter or review its judgment, except to correct a clerical or arithmetical
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error. The Hon'ble Supreme Court in Criminal Appeal Nos. 1153-55 of
2021 has held that under section 362 of CRPC it is not permissible for
any court to alter or review its earlier judgment except to correct a clerical
or arithmetical error. The Hon'ble Apex Court in paragraphs 9 and 10 has
held thus:
9. For appreciating the issue, it will be relevant to refer to Section 362
of Cr.P.C., which reads thus:
"362. Court not to alter judgment.- Save as otherwise provided
by this Code or by any other law for the time being in force, no
Court, when it has signed its judgment or final order disposing of
a case, shall alter or review the same except to correct a clerical or
arithmetical error."
10. It can thus be seen that, under Section 362 of Cr.P.C., once the
judgment and final order is signed disposing of a case, no Court is
allowed to alter or review the same except to correct a clerical or
arithmetical error. No doubt that the High Court while delivering the
impugned judgment has said that it was only correcting a clerical
error. However, for testing the correctness of the said finding, it will be
pertinent to refer to certain paragraphs of both the judgments of the
High Court.
21. It is further held by the Supreme Court in the case of Vikram
Bakshi and Ors. v. R.P. Khosla and Anr., 2025 LiveLaw (SC) 844- That
once a judgment reaches its finality, i.e. the judgment is signed and
pronounced criminal court cannot change or review its own judgment.
The court further held that criminal courts become functus officio once a
judgment is signed and can only correct clerical or arithmetical errors or
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act in rare situations such as fraud, lack of jurisdiction or denial of hearing.
The relevant para is reproduced below-
"34. A careful consideration of the statutory provisions and the aforesaid
decisions of this Court clarify the now-wellsettled position of
jurisprudence of Section 362 of CrPC which when summarize would be
that the criminal courts, as envisaged under the CrPC, are barred from
altering or review their own judgments except for the exceptions which
are explicitly provided by the statute, namely, correction of a clerical
or an arithmetical error that might have been committed or the said
power is provided under any other law for the time being in force. As
the courts become functus officio the very moment a judgment or an
order is signed, the bar of Section 362 CrPC becomes applicable, this,
despite the powers provided under Section 482 CrPC which, this veil
cannot allow the courts to step beyond or circumvent an explicit bar. It
also stands clarified that it is only in situations wherein an application
for recall of an order or judgment seeking a "procedural review" that the
bar would not apply and not a substantive review" where the bar as
contained in Section 362 CrPC is attracted. Numerous decisions of this
Court have also elaborated that the bar under said provision is to be
applied stricto sensu".
22. Therefore, as far as the first issue is concerned, this court does
not have jurisdiction to provide such direction in an independent order.
Since the matter has reached finality, this court cannot give such direction.
The appellant has pleaded to make such a direction under the inherent
power of the court under section 482 of the CrPC (528 BNSS). Inherent
powers of the court are such powers which is used to do complete justice.
Such powers are in the intrinsic in a superior court; it is its very life-blood,
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25 apeal-677-05.odt
its very essence, its immanent attribute. It is the power of the High Court
that restrains a higher court from merely performing as a formal organ.
However, it should be noted that the inherent powers should be used with
caution. It should not become a tool by which provisions of law are
overridden in the name of complete justice. In the present case, the
judgment has reached in its finality and the appellant has exhausted all
their remedies. In this situation, section 362 provides that once the
judgment is signed and sealed, it cannot be changed or reviewed by the
court. In the presence of express provision, the inherent powers cannot be
used to override the law.
23. The question as to whether sentences are to run concurrently
or consecutively is a matter to be decided at the stage of sentencing itself,
after hearing the convict on that aspect as contemplated under Section
235(2) CrPC. Once the judgment and order of conviction have attained
finality, the same cannot be revisited under the guise of a "speaking to
minutes" application.
24. It is an admitted position that the applicant never raised the
plea of concurrent running of sentences at any stage from the trial
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26 apeal-677-05.odt
proceedings till the dismissal of the appeal by the Hon'ble Supreme Court.
The present attempt to seek modification of the operative portion of the
judgment is, therefore, wholly misconceived and devoid of merit.
25. Having bestowed my thoughtful consideration to the
submissions advanced and the legal position settled by the Hon'ble
Supreme Court, I find no merit in the present application. The same
deserves to be rejected.
ORDER
(i) The Criminal Application for Speaking to Minutes read with
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, stands
rejected.
(ii) No order as to costs.
At the conclusion, the Court places on record its appreciation
for the valuable assistance rendered by the learned counsel for the
applicant, Shri S.D. Chande, as well as by the learned Additional Public
Prosecutor, Mr. Amit Chutke.
[NIVEDITA P. MEHTA, J.]
Signed by: Mr. S.K. NAIR
SKNair
Designation: PS To Honourable Judge
Date: 12/11/2025 15:22:29
