Rinku @ Rajendra @ Sunil ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 671 MP

                                                                                                 MCRC No.21475/2022
                                                                  1

                               IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE

                                                 BEFORE
                                 HON'BLE SHRI JUSTICE SUBODH ABHYANKAR

                                              ON THE 11TH OF JANUARY, 2023

                                        Miscellaneous Criminal Case No.21475/2022
                           Between: -
                           Rinku @ Rajendra @ Sunil Kuchbandiya
                           S/o Shri Ashok Kumar @ Madan,
                           Age- 33 years, Occupation- Labour,
                           R/o- T-2631, Baljeet Nagar, Gali No.21-A, New Delhi
                           At present R/o- 11041, Gali Peepal Wali,
                           Motia Khan, Police Station Sadar Bazar, Delhi

                                                                                           .....PETITIONER
                           (By Shri Abhishek Sarda, learned counsel)

                           AND
                           The State of Madhya Pradesh,
                           Through Police Station Neemuch,
                           District Neemuch (MP)

                           The Superintendent,
                           Central Jail No.4,
                           Tihar, New Delhi

                                                                                       .....RESPONDENTS
                           (Shri Sanjay Karanjawala, learned Government Advocate appearing on behalf
                           of the Advocate General)
                           _____________________________________________________________________________________
                                  This petition coming on for orders this day, the court
                           passed the following:
                                                               ORDER

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 16-01-2023 11:28:27 MCRC No.21475/2022

This petition under Section 482 of Criminal Procedure Code, 1973 (herein after referred to as "the Code") has been filed by the petitioner seeking the benefit of Section 427 of the Code for running of concurrent sentence awarded to the appellant in Criminal Appeal No.1106/2019 and Criminal Appeal No.3708/2020.

2. Learned counsel for the petitioner has submitted that Criminal Appeal No.3708/2020 has already been partly allowed by this Court vide judgment dated 04.05.2021 (Annexure A/4), and his sentence of ten years' rigorous imprisonment under Section 397 of Indian Penal Code, 1908 (IPC) has been reduced to seven years rigorous imprisonment; whereas so far as Criminal Appeal No.1106/2019 is concerned, the jail sentence of ten years rigorous imprisonment awarded to him under Section 394 read with Section 397 of IPC and one year rigorous imprisonment (on each count) under Sections 25 (1-A) and 27 of the Arms Act, 1959] has already been suspended by this Court on 16.02.2022 (Annexure A/3).

3. Counsel has submitted that after the aforesaid judgment / orders passed by this Court in the aforesaid criminal appeals, the petitioner has not been able to come out of jail, as he is lodged in Tihar Jail, Delhi because in Delhi also, five cases have been registered against him (four of which are under Section 395 read with Section 397 of IPC and similar serious offences; and one

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 16-01-2023 11:28:27 MCRC No.21475/2022

case is under the provisions of Section 25 of the Arms Act) and in all the aforesaid cases, the petitioner has already been granted bail earlier, but could not be released on account of the conviction of the petitioner in the aforesaid two criminal appeals.

4. Counsel for the petitioner has submitted that the Jail Authority of Tihar Jail, Delhi has informed vide letter dated 21.12.2022 (as has been filed by the respondent / State) that in Criminal Appeal No.3708/2020, the sentence of the petitioner shall commence on 07.03.2022, after he is released from jail upon completion of his sentence in Criminal Appeal No.1106/2019; and in such circumstances, the sentence awarded to the petitioner in Criminal Appeal No.1106/2019 and Criminal Appeal No.3708/2020 may kindly be directed to run concurrently.

5. On the other hand, learned counsel appearing for the respondent / State has submitted that no case to entertain such petition is made out to run both the sentences concurrently, and to extend the benefit of Section 427 of the Code in favour of the petitioner, who has a long list of criminal antecedents, as every time he comes out of jail, an offence is committed by him. It is also submitted that most of the offences committed by the petitioner are of dacoity or robbery which are obviously serious in nature and does not call for any leniency in sentencing of the petitioner.

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 16-01-2023 11:28:27 MCRC No.21475/2022

6. On due consideration of the submissions and perusal of the documents filed on record including the affidavit filed by the Superintendent of Police, Neemuch along with report dated 21.12.2022 sent by the Office of Superintendent of Prison, Central Jail No.03, Tihar, New Delhi, it is found that so far as the criminal antecedents of the petitioner as sent by the Jail Authority is concerned, it is found that a list of criminal cases, thought not counted by this Court, runs into six pages, which according to the learned counsel appearing for the respondent / State, contains more than fifty cases.

7. In such facts and circumstances, this Court is not inclined to allow the present petition for concurrently running of the sentence awarded to him in both the criminal appeals; as this court is of the considered opinion that such display of leniency is misplaced and unwarranted and the sentence on the petitioner already sentenced for another offence cannot be allowed to run concurrently.

8. In view of the same, Miscellaneous Criminal Case No.21475/2022 being devoid of merits is hereby dismissed.

(Subodh Abhyankar) Judge Pithawe RC

Signature Not Verified Signed by: RAMESH CHANDRA PITHWE Signing time: 16-01-2023 11:28:27