Rajasthan High Court - Jodhpur
Dhannaram @ Dhaniya vs State on 5 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 864/2018
Dhannaram @ Dhaniya S/o Sh. Jogaram, B/c Nayak, R/o Chota
Ranisar Shri Ramsar Thana Shrigangashahar Distt. Bikaner.
Presently Lodged In Central Jail, Jodhpur
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Kaluram Bhati, Amicus Curiae
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
Date of pronouncement : 05/03/2021
Judgment reserved on : 03/03/2021
BY THE COURT :
The convict petitioner Dhanna Ram @ Dhaniya has
forwarded the instant miscellaneous petition under Section 482
CrPC from jail praying for a direction that the sentences award to
him in the following two cases may be ordered to run
concurrently:-
S. Name of Case Offences Date of Sentence
No. the court No. for which judgment awarded
convicted
1. A.D.J., Fast 42/2008 323, 341 16.07.2009 10 years'
Track No.2, and 394 rigorous
Bikaner IPC imprisonment
alongwith a fine
of Rs.12,000/-
and in default of
payment of fine,
additional
imprisonment of
8 months
(2 of 3) [CRLMP-864/2018]
2. A.D.J.. No.3 58/2004 304 Part II 07.04.2014 8 years' rigorous
Bikaner imprisonment
alongwith a fine
of Rs.2,000/-
and in default of
payment of fine,
additional
imprisonment of
2 months
It may be stated here that initially in the Sessions Case
No.58/2004, the petitioner was convicted for the offence under
Section 302 IPC and was sentenced to life imprisonment. As per
the nominal roll of the convict, the sentences awarded to him in
both the cases were being operated concurrently, but no sooner
the petitioner's conviction was altered by a Division Bench of this
court from the offence punishable under Section 302 IPC to that
under Section 304 Part II IPC and he was sentenced to
imprisonment of 8 years, the sentences of the convict have been
made consecutive. As per the custody certificate, the petitioner
has served out the sentence awarded to him in the case involving
the offence under Section 394 IPC, whereas in the case involving
the offence under Section 304 Part II IPC, he has till date served
out the sentence of 7 years 1 month and 17 days.
Mr. Kaluram Bhati, learned Amicus Curiae, assisting the
court pro bono, has placed reliance on the Supreme Court decision
in the case of Vicky @ Vikas Vs. State (Govt. of NCT of Delhi)
[Criminal Appeal No.208/2020 decided on 31.01.2020] and
the Division Bench judgment of this court in the case of Arjun
Ram Vs. State of Rajasthan & Ors. [2016 (1) Cr.L.R. (Raj.)
346] and urged that this court, while exercising powers under
Section 482 CrPC by invoking the powers of Section 427 CrPC can
(3 of 3) [CRLMP-864/2018]
direct that the sentences awarded to a convict in two different
cases to run concurrently.
Having considered the submissions advanced by Mr.
Bhati and the learned Public Prosecutor and after going through
the above-referred judgments and keeping in view the fact that
the petitioner has already undergone sentence of 7 years and 1
month out of the total sentence of 8 years to be served out by him
in the case involving the offence under Section 304 Part II IPC, I
deem it fit to direct that the sentences awarded to the petitioner
in the two cases referred to supra shall run concurrently. A copy
of this order shall be forthwith transmitted to the Superintendent,
Central Jail, Bikaner and the convict himself.
The petition is allowed in these terms.
(SANDEEP MEHTA),J
Pramod/-
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