Sanjay S/O Shri Mohan Nath @ ... vs State Of Rajasthan
2022 Latest Caselaw 6262 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No.1481/2022

1.     Sanjay S/o Shri Mohan Nath @ Gorakhnath, R/o Boli,
       District Sawai Madhopur At Present R/o Village Sisolav,
       Police Station Bonli, District Sawai Madhopuor (Raj)
       (At Present Confined In District Jail Tonk)
2.     Dhanraj S/o Shri Mohan @ Gorakhnath, R/o Boli, District
       Sawai Madhopur At Present R/o Village Sisolav, Police
       Station Bonli, District Sawai Madhopur Raj
       (At Present Confined In District Jail Tonk)
                                                                        ----Petitioners
                                     Versus
State Of Rajasthan, Through P.p
                                                                    ----Respondent

For Petitioner(s) : Mr. Govind Prasad Rawat, Adv. For Respondent(s) : Mr. Prashant Sharma, PP

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

20/09/2022 The petitioners faced trial in three separate cases. One was

Criminal Regular Case No.470/2016 (CIS No.839/2016) for the

offence under Section 427 of Cr.P.C., wherein judgment of

conviction was passed on 13.03.2018. The trial Court judgment

was affirmed in Criminal Appeal No.24/2021 on 06.01.2022.

Another case was Criminal Regular Case No.475/2016 (CIS

No.841/2016), wherein conviction order was recorded on

27.03.2018. The conviction order was challenged in Criminal

Appeal No.23/2021 and the appeal was dismissed. Conviction was

for offence under Section 394 of IPC.

(2 of 2) [CRLMP-1481/2022]

In Criminal Regular Case No.478/2016 (CIS No.842/2016),

the petitioners were convicted by judgment dated 24.04.2018.

The conviction was challenged in Criminal Appeal No.25/2021 and

the appeal was dismissed on 06.01.2022. In this case also, the

conviction was recorded under Sections 394 and 34 of IPC.

The petitioners did not challenge the order of the Appellate

Court in the appropriate jurisdiction, rather have filed this petition

for a direction that sentences passed in the three referred cases

be ordered to run concurrently.

Whether the sentence would run concurrently or

consecutively depends upon the gravity of the charge based or

evidences available on the record. Re-appreciation of the evidence

for coming to contrary conclusion from that arrived at by both the

courts of fact is not permissible under Section 482 Cr.P.C.

Therefore, the petition stands dismissed as devoid of any merit.

Application (I.A. No.1/2022) for early hearing stands

disposed of.

(BIRENDRA KUMAR),J

Ashwani /-110

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