Case Note & Summary
The petitioner, Suresh Nayaka @ Suresh, was convicted under Section 395 of the Indian Penal Code (IPC) for two separate dacoity offences. The first offence occurred on the intervening night of 6th and 7th April 2002, for which he was sentenced to 10 years imprisonment in S.C. No. 211/2002. The second offence occurred on the intervening night of 18th and 19th April 2002, for which he was sentenced to 8 years imprisonment in S.C. No. 3/2009. The petitioner was already undergoing imprisonment for both sentences. He filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bangalore, seeking an order to direct that the sentences run concurrently. The High Court, after considering the facts and the proximity of the offences, allowed the petition and directed that the sentences in both cases run concurrently, in the interest of justice.
Headnote
A) Criminal Procedure - Concurrent Sentence - Section 482 CrPC - Inherent Powers - Petitioner convicted under Section 395 IPC in two separate cases and sentenced to 10 years and 8 years imprisonment respectively - High Court, exercising inherent powers under Section 482 CrPC, directed the sentences to run concurrently in the interest of justice, considering that both offences were committed in close proximity and the petitioner is already undergoing imprisonment (Paras 1-3).
Issue of Consideration
Whether the sentences imposed on the petitioner in two separate dacoity cases should be directed to run concurrently under Section 482 CrPC.
Final Decision
The High Court allowed the petition and directed that the sentences imposed in S.C. No. 3/2009 and Cr.A. No. 8/2004 shall run concurrently.
Law Points
- Section 482 CrPC
- concurrent sentence
- Section 395 IPC
- inherent powers of High Court
Case Details
2014 LawText (KAR) (03) 36
Criminal Petition No. 1040/2014
Krishnappa N.R. for petitioner, B.J. Eshwarappa for respondents
The State by Arasikere Rural Police Station, Hassan District and The State by Tumkur Rural Police Station, Tumkur
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking direction to run sentences concurrently.
Remedy Sought
Petitioner sought an order from the High Court directing that the sentences imposed in S.C. No. 3/2009 and Cr.A. No. 8/2004 run concurrently.
Filing Reason
Petitioner was convicted in two separate dacoity cases and sentenced to 10 years and 8 years imprisonment respectively; he sought concurrent running of sentences.
Previous Decisions
Petitioner was convicted and sentenced in S.C. No. 211/2002 (10 years) and S.C. No. 3/2009 (8 years). The appeal in Cr.A. No. 8/2004 was decided by the High Court on 7.9.2007.
Issues
Whether the High Court can order concurrent running of sentences under Section 482 CrPC.
Submissions/Arguments
Petitioner argued that both offences were committed in close proximity and he is already undergoing imprisonment, so sentences should run concurrently in the interest of justice.
Ratio Decidendi
The High Court, exercising its inherent powers under Section 482 CrPC, can direct sentences to run concurrently in the interest of justice, especially when offences are committed in close proximity and the petitioner is already undergoing imprisonment.
Judgment Excerpts
Petitioner herein is accused of offence punishable under Section 395 of IPC in SC.No.211/2002...
He has come up in this petition under Section 482 Cr.P.C praying to pass an order, ordering to run the sentences imposed in S.C.No.3/2009... concurrently in the interest of justice.
Procedural History
Petitioner was convicted in S.C. No. 211/2002 (10 years imprisonment) and S.C. No. 3/2009 (8 years imprisonment). An appeal in Cr.A. No. 8/2004 was decided by the High Court on 7.9.2007. Petitioner filed Crl.P. No. 1040/2014 under Section 482 CrPC seeking concurrent sentences.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 395
- Code of Criminal Procedure, 1973 (CrPC): 482
