Criminal Procedure Code, 1973
Section 427(1)—Concurrent running of sentences—Prayer for—In FIR one, the complaint was of dacoity for which appellant was sentenced to seven years RI—Other two FIRs were also for abduction and robbery of cartons of cigarette packets from a vehicle and a person on the road besides a mobile phone and rupees five thousand—Appellant is a matured married man of 29 years, belongs to a lower class family, has studied up to 2nd standard and has reflected non-toxicant habits and normal social behaviour, bore an extrovert personality, physically and mentally fit and was working earlier in a seat cover making factory—During incarceration, appellant was working as a cook “langar sahayak” in Central Jail, Tihar—Appellant has one daughter aged 7 years and his family gave a positive and favourable report about his behaviour and conduct, however parents of appellant have passed away—Appellant had been recommended for the benefit of probation under Section 4(3) of Probation of Offenders Act—Fit case for exercise of powers under Section 427 (1) of CrPC to have the sentence awarded in first FIR to run concurrently with sentences awarded in two other FIRs—Since the appellant has already served sentences of imprisonment awarded in two other FIRs, he may serve the remaining sentence in first FIR, subject of course to any other relief granted to him by the competent authorities in respect of probation, remission etc.—Appellant is ultimately serving a larger sentence of seven years and would otherwise have to serve thirteen years if the sentences were to run consequently, has merited this opinion of the Court—This view is based on an appreciation of various factors and does not serve as a precedent—Appeal disposed of.
[Para 11 to 14]