Gujarat High Court
Bharat Ashokji Jain vs State Of Gujarat on 8 January, 2024
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R/SCR.A/1179/2017 ORDER DATED: 08/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1179 of 2017
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BHARAT ASHOKJI JAIN
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MRS REKHA H KAPADIA(2246) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 08/01/2024
ORAL ORDER
1. This petition is filed for the following reliefs:
"28(A) Your Lordships may be pleased to admit and allow
this petition.
(B) YOUR LORDSHIPS may be pleased to order to run all
the sentences imposed by [1] learned 3 rd Additional Sessions
Judge, Surat in 189 of 2013 vide judgment and order dated
31/12/2013 [2] learned 3rd Additional Sessions Judge, Surat
in 188 of 2013 vide judgment and order dated 31/12/2013 [3]
learned 3rd Additional Sessions Judge, Surat in 190 of 2013
vide judgment and order dated 31/12/2013 [4] learned
Sessions Judge, Valsad in Sessions Case No.36 of 2013 vide
judgment and order dated 21/2/2014 [5] learned Sessions
Judge, Valsad in Sessions Case No.37 of 2013 vide judgment
and order dated 21/2/2014 and [6] learned Sessions Court in
Vilaspur - Madhya Pradesh in S.T.Case No.193 of 2011,
concurrently and together and direct the petitioner accused
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to undergo all the aforesaid sentences concurrently and
together and order the concerned jail authorities to release
the petitioner accused on completion and undergoing such
sentences concurrently and considering the fact that the
petitioner accused is in jail since 10/3/2010;
(C) YOUR LORDSHIPS may be pleased to pass such other
and further order as may be deemed just and proper in the
interest of justice;
(D) YOUR LORDSHIPS may be pleased to dispense with the
affidavit of the petitioner in support of this proceedings and
the certified copies/ copies of judgment and orders of
conviction passed in Sessions Case Nos.188/2013, 190/2013,
37/2013, 38/2013 and S.T./Sessions Case No.193/2011, as the
petitioner is in jail and particulars provided by Jail
Superintendent, Central Jail, Bhopal is only available and
inspite of his best efforts and communication, the same are
not received and present proceedings are initiated through
Legal Aid, in the interest of justice."
2. Heard learned advocate Ms.Kapadia for the
petitioner and learned APP Mr.Jayswal for respondent no.1-
state.
3. Learned advocate Ms.Kapadia for the petitioner
has submitted that the sentences are imposed by the learned
Additional Judge, Surat and learned Additional Judge, Valsad
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R/SCR.A/1179/2017 ORDER DATED: 08/01/2024
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in five different cases and judgment in 6
th
case is passed by
the learned Sessions Court, Bilaspur, M.P. However, they are
not ordered to run concurrently. Therefore, she prays that the
prayers in the present petition may be granted by considering
the provisions of Section 427 of the Code.
4. Learned APP has drawn my attention towards the
pleadings whereby it is stated that the petitioner at the time
of approaching the concerned court is behind the bars before
the central jail at Bhopal. Learned APP Mr.Jayswal has also,
upon instructions, received from the jail authority submitted
that in fact the present petitioner has never been in any jail
in Gujarat. He has produced the communication which is
taken on record indicating this fact.
5. Section 427 of the Code of Criminal Procedure
reads as 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 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 Court directs that the subsequent
sentence shall run concurrently with such previous sentence:
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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
making of such order, the latter sentence shall commence
immediately."
6. In view of the above provision and considering the
totality of facts and circumstances of the present case, it is
appropriate in the peculiar facts and circumstances of the
present case to dispose of the present petition with an
observation that let the present petitioner approach the
concerned court at M.P. with appropriate application for the
prayers prayed for in the present petition, in addition to
that, it is also open for the petitioner to approach the jail
authority in Gujarat by making appropriate representation for
the prayers made in this petition and on receipt of such
representation, the authorities may consider the representation
by considering the record available with the authority and
also in accordance with rules and regulations and law, as
expeditiously as possible
7. With above observation and direction, the present
petition is disposed of.
(SANDEEP N. BHATT,J)
SRILATHA
