Rajasthan High Court
Shaikh Sabir S/O Shri Shaikh ... vs State Of Rajasthan on 2 May, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6236/2019
Shaikh Sabir S/o Shri Shaikh Shamsher B/c Musalman, R/o
Village Harisal, Police Station And Tehsil Dharni, District
Amravati, Maharashtra.(Petitioner Presently Confined At District
Jail, Dausa).
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
Connected With
S.B. Criminal Miscellaneous (Petition) No. 6140/2019
Anwar Khan S/o Shri Rehamat Khan B/c Pathan Musalman, R/o
Village Kantaphod (Kachhi Basti Nadi Par), Police Station
Kantaphod, District Devas, Mp. (Petitioner Presently Confined At
District Jail, Dausa).
----Petitioner
Versus
State Of Rajasthan, Through Pp.
----Respondent
For Petitioner(s) : Mr. Brij Sharma, Adv.
For Respondent(s) : Mr. Prashant Sharma, PP
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
ORDER RESERVED ON :: 25/04/2022
ORDER PRONOUNCED ON :: 02/05/2022
Since both Criminal Miscellaneous Petitions arise out of
the same offence pertaining to the offence punishable under
Sections 454 and 380 IPC, which are being decided by this
common order.
(2 of 6) [CRLMP-6236/2019]
Petitioners have filed these Criminal Miscellaneous
Petitions for seeking directions to concurrent running of all the
sentences awarded to them in following cases:-
The learned trial Court passed the following orders:-
Sr.No. Case No. and Court Offence under Date Of
Section judgment and
sentence
1. A.C.J.M. Sikar in Regular 454 and 380 07.05.2016
Criminal Case IPC
No.346/2015 (1840/2015) 3 years Simple
Imprisonment
and to pay
compensation of
Rs. 5,000/- in
default to further
months
additional Simple
Imprisonment
2. A.C.J.M. Sikar in Regular 454 and 380 18.06.2016
Criminal Case IPC
No.325/2015 (1804/2015) 3 years Simple
Imprisonment
and to pay
compensation of
Rs. 5,000/- in
default to further
months
additional Simple
Imprisonment
3. A.C.J.M. Sikar in Regular 454 and 380 19.07.2016
Criminal Case IPC
No.311/2015 (1742/2015) 3 years Simple
Imprisonment
and to pay
compensation of
Rs. 5,000/- in
default to further
months
additional Simple
Imprisonment
4. A.C.J.M. Sikar in Regular 454 and 380 17.09.2016
Criminal Case IPC
No.312/2015 (1741/2015) 3 years Simple
Imprisonment
and to pay
compensation of
Rs. 5,000/- in
default to further
(3 of 6) [CRLMP-6236/2019]
undergo 5
months
additional Simple
Imprisonment
5 J.M. No.1, Sikar in Regular 454 and 380 29.09.2016
Criminal Case IPC
No.899/2015 (CIS 2 years Simple
No.1575/2015) Imprisonment
and to pay
compensation of
Rs. 500/- in
default to further
undergo 15 days
additional Simple
Imprisonment
6. J.M. No.1, Sikar in Regular 454 and 380 18.10.2016
Criminal Case IPC
No.1002/2015 (CIS 2 years Simple
No.1705/2015) Imprisonment
and to pay
compensation of
Rs. 500/- in
default to further
undergo 15 days
additional Simple
Imprisonment
7. J.M. No.1, Sikar in Regular 454 and 380 20.04.2017
Criminal Case IPC
No.928/2015 (CIS 2 years Simple
No.1632/2015) Imprisonment
and to pay
compensation of
Rs. 500/- in
default to further
undergo 10 days
additional Simple
Imprisonment
8. J.M. No.1, Sikar in Regular 224 27.04.2017
Criminal Case IPC
No.929/2015 (CIS 6 months Simple
No.1635/2015) Imprisonment
and to pay
compensation of
Rs. 100/- in
default to further
undergo 7 days
additional Simple
Imprisonment
9. J.M. No.1, Sikar in Regular 42 29.01.2018
Criminal Case Jail Act
No.317/2016 (CIS 3 months Simple
No.2093/2016) Imprisonment
and to pay
compensation of
Rs. 100/- in
default to further
undergo 10 days
(4 of 6) [CRLMP-6236/2019]
additional Simple
Imprisonment
Learned counsel for the petitioners submits that the petitioners
are poor persons and they were arrested in FIR No.395/2014 on
15.06.2015 at Police Station Kotwali, Sikar for the offence under
Sections 454 and 380 IPC. Learned counsel for the petitioners further
submits that later on, they were roped in another criminal cases in FIR
No.257/2015 at Police Station Kotwali, Sikar, FIR No.56/2015 at Police
Station Kotwali, Sikar, FIR No.178/2015 at Police Station Udhyog Nagar,
Sikar, FIR No.81/2015 at Police Station Udhyog Nagar, Sikar, FIR
No.142/2015 at Police Station Udhyog Nagar, Sikar, FIR No.152/2013 at
Police Station Kotwali, Sikar and FIR No.180/2015 at Police Station
Udhyog Nagar, Sikar for the offence under Sections 454 and 380 IPC.
After investigation, charge-sheet was filed against the petitioners
in above cases and they were convicted in these cases. Learned counsel
for the petitioners further submits that Jail Authority has informed the
petitioners that sentence awarded to them are not running concurrently.
They are serving it one by one. Learned counsel for the petitioners
further submits that as per Section 427 of Cr.P.C., Jail Authority be
directed to run the sentence concurrently against the petitioners.
Learned Public Prosecutor has opposed the arguments advanced
by learned counsel for the petitioners and submitted that the petitioners
are habitual offenders and these cases were not arisen of the same
transaction. So, order of the concurrent running of the sentence cannot
be granted to the petitioners. So, petition filed by the petitioners be
dismissed.
I have considered the arguments advanced by learned
counsel for the petitioner, learned Public Prosecutor and perused
the impugned orders.
(5 of 6) [CRLMP-6236/2019]
Section 427 of Cr.P.C. reads as under:-
"427. Sentence on offender already
sentenced for another offence -(1) When a
person already undergoing 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;
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."
It is an admitted position that the petitioners have been
convicted in different complaints. They were involved in theft. A
perusal of the conviction orders against the petitioners revealed
that the petitioners are habitual offenders. They had not preferred
any appeal or revision against these convictions. It is also
admitted position that sentence awarded to the petitioners does
not arise out of a single transaction. The Apex Court in its
pronouncement in the judgment of V. K. Bansal's case (Supra),
clearly stated that when sentence passed by the Court below in
different complaints which are arises out of single transaction in
which, Court can order to run the sentence concurrently. In my
considered opinion, the present petitioners were convicted in
different offence on different complaint, so, the present petitioners
(6 of 6) [CRLMP-6236/2019]
are not entitled to get the benefit of Section 427 Cr.P.C. So,
present petitions being devoid of merits, are liable to be
dismissed.
Hence, these Criminal Miscellaneous Petitions are dismissed.
(NARENDRA SINGH DHADDHA),J
Gourav/126-127
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