The Supreme Court while reiterating the observations made in the case of Sharad Hiru Kilambe v. State of Maharashtra & Ors. has held that the default sentences imposed on a convict cannot be directed to run concurrently. [DUMYA ALIAS LAKHAN ALIAS INAMDAR, ETC. V. STATE OF MAHARASHTRA]
Brief Facts
The Appellants were tried for having committed offences punishable under Sections 395, 397, 457, 379, 380, 120-B of the IPC for short and under Sections 3(1)(ii), 3(2), and 3(4) of the MCOC Act.
The impugned the trial court verdict before the Bombay High Court but the High Court by its judgment denied the relief sought by the Accused-appellant. Therefore, the Accused preferred appeals before the Hon’ble Supreme Court of India.
Contention of Appellant
The Counsel for the appellant placed reliance on the case of Sharad Hiru Kilambe v. State of Maharashtra & Ors. to submit that the default sentences awarded to the appellants were on the excessive side and considering the economic conditions of the appellants, relief in terms of the aforesaid decision should be granted to the appellants.
Reasoning and Decision of the Court
For the offences punishable under Sections
a. 3(1)(ii) of the MCOC Act read with Section 120-B of IPC;
b. 3(2) of the MCOC Act read with Section 120-B of IPC.; and
c. 3(4) of the MCOC Act read with Section 120-B of IPC, the appellants were awarded sentences for three years each on the aforesaid three counts.
The Hon’ble Apex Court held that in terms of the decision taken by the Supreme Court itself in Sharad Hiru Kilambe (supra), the default sentences, inter se, cannot be directed to run concurrently.
Held
The Hon’ble Supreme Court held that the default sentences awarded to each of the appellants on aforesaid three counts shall be one year each in respect of such counts. Except for the modification indicated above, the rest of the conclusions including conviction and substantive sentences as well as the imposition of fine remained unaltered. The appeals were allowed to this extent.
Case Details
Case Name: DUMYA ALIAS LAKHAN ALIAS INAMDAR, ETC. V. STATE OF MAHARASHTRA
Bench: HON’BLE JUSTICE UDAY UMESH LALIT, AJAY RASTOGI
Read Order@LatestLaws.com
Share this Document :Picture Source :
