Case Note & Summary
The case involved an application submitted by Farooq Mirza Hussein Ravi, the appellant, seeking the benefit of Section 427(1) of the Criminal Procedure Code, 1973. The appellant had been convicted in two separate sessions cases for the offence punishable under Section 392 of the Indian Penal Code and was sentenced to seven years of rigorous imprisonment in both cases. The sentences were directed to run concurrently as per the common judgment delivered by the High Court on August 1, 1984. Despite the concurrent sentences being confirmed, the appellant absconded for nearly twenty years after being released on parole in April 1984 and was re-arrested in April 2004. After serving the sentence, he was released on August 12, 2008, considering the earlier orders of the court. The court concluded that since the appellant had already received the benefit of the concurrent sentences, the application for further benefit under Section 427(1) was rendered infructuous and was dismissed. The court's decision was based on the fact that the applicant had already been released and thus the application did not require further consideration.
Headnote
A) Criminal Procedure - Concurrent Sentences - Application for Benefit - Dismissal of Application - Criminal Procedure Code, 1973, Section 427(1) - The applicant sought the benefit of concurrent sentences under Section 427(1) of the Criminal Procedure Code, which was previously granted. The court found that the application was infructuous as the applicant had already been released considering the earlier orders. Held that the application does not survive any further (Paras 1-3).
Issue of Consideration
Whether the application for benefit under Section 427(1) of the Criminal Procedure Code should be granted.
Final Decision
The application was dismissed as infructuous since the appellant had already been released considering the orders passed by the court.
Law Points
- Concurrent sentences
- Criminal Procedure Code
- 1973
- Section 427
- Section 428
- application for benefit
