IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4357 of 2010()
1. C.N.HASHIM ,S/O.ABOO HAJI
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.CELINE JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/10/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.4357 OF 2010
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Dated 29th October, 2010
O R D E R
Petitioner was convicted and
sentenced in S.T.Nos.1172/2003, 1409/2003,
1171/2003, 1194/2003, 1195/2003, 1529/2003,
1522/2003, 1521/2003, 1173/2003, 1536/2003,
1537/2003 and 1538/2003. He was sentenced
to fine. Substantive sentence was only
till rising of the Court. Case of the
petitioner is that as he has been in
custody for 54 days, direction is to be
issued to the Magistrate not to direct the
petitioner to undergo imprisonment till
rising of the Court.
2. Learned counsel appearing for
the petitioner was heard.
3. Learned counsel would argue
Crmc 4357/10
2
that the sentence shall be converted to
concurrent sentence. Annexures-2 to 7 judgments
in the appeals do not show that the sentences
awarded were directed to be undergone
concurrently. If the petitioner has been in
custody for at least for one day in any of the
cases for which he was convicted, learned
Magistrate not to insist to undergo substantive
sentence of imprisonment till rising of court
in that case. If the petitioner had not been in
custody in a particular case, necessarily he
has to undergo the substantive sentence in that
case.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.