Criminal Procedure Code, 1973 – s. 427 – Sentences in multiple trials – Appellant sought concurrent running of sentences – The appellant was charged and put to trial in respect of the nine distinct FIRs relating to incidents involving theft of electricity equipments – Nine Session trials were conducted and consequently the accused was convicted by nine separate judgments – No specific direction was issued by the trial Court as to allow the subsequent sentences to run concurrently – Net consequence of the position emerged that appellant had to undergo a total term of imprisonment of 18 years – Writ petition before the High Court – The High Court held that in view of the s.427 of Cr.P.C each subsequent term of conviction has to commence at the expiration of imprisonment currently undergone by the appellant – On appeal, held: s. 427 confers a discretion on the court to direct that the subsequent sentence following a conviction shall run concurrently with the previous sentence – The High Court ought to have noticed the serious miscarriage of justice which would occur consequent upon the trial court not having exercised specifically its discretion within the ambit of s.427(1) – The right to personal liberty is a precious and inalienable right recognized by the Constitution – The High Court ought to have intervened by setting right the miscarriage of justice which would occur in the above manner, leaving the appellant to remain incarcerated for a period of 18 years – Sentences directed to be run concurrently – Impugned judgment of the High Court set aside – Electricity Act.
Mohd Zahid v. State through NCB 2021 SCC OnLine
SC 1183 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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