September 21, 2018:
Default of Fine can not run concurrently with substantive Sentence.
The Apex Court Bench consisting of Justices Abhay Manohar Sapre and Uday Umesh Lalit was hearing an Appeal filed by Sanjay Kisan Mohite, Sudish Maniken, Maniken Nair, Pramod Shankar Jadhav, Santosh Manohar Deshmukh, Chandrakant Balkrishna Shegde and Sharad Hiru Kolambe who were convicted for offence punishable under Section 364A of Indian Penal Code read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs.1,000/- each. In default to suffer imprisonment for three months.
The High Court by its judgment and order under appeal set aside the conviction and sentence of original accused No.5. It, however, dismissed all the other appeals. Appellant contended that either default sentences be directed to run concurrently or the default sentences be reduced to the one already undergone and the appellant be set at liberty.
The Bench considered the two provisions in the Code namely Sections 31 and 427 which speak of consecutive and concurrent running of sentences. They gives discretion to the Court to direct running of such punishments either concurrently or consecutively.
In the circumstances, the Bench rejected the submission regarding concurrent running of default sentences. It concluded that default sentences, inter se, cannot be directed to run concurrently. However, considering the financial condition of the appellant, the Bench gave a finding that a case is certainly made out to have a sympathetic consideration about the quantum of default sentence.
A a result while maintaining the quantum of fine, in respect of four counts of offences punishable under the IPC cumulatively at Rs.4000/-, the aggregate default sentence was ordered to be four months; and in respect of three counts of offences punishable under the MCOC Act the fine shall be Rs.15 lakhs cumulatively with default sentence of three years in aggregate.
Even if no amount of fine is paid by the appellant, it was ordered that the total default sentence for the appellant would thus be three years and four months, out of which three years of default sentence has already been undergone by the appellant
Supreme Court Judgement That Sentence in Default of Fine Can Not Run Concrurrently With Substantive Sentenc... by Latest Laws Team on Scribd
Picture Source :
