BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31/08/2010 CORAM THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.3699 of 2010 Oliver .. Petitioner Vs State rep. by 1.The Inspector of Police, Kottar Police Station Nagercoil Kanyakumari District Crime No.1151/1994 2.State rep. by South Thamaraikulam Police Station, Nagercoil, Kanyakumari District, Crime No.262/1994 3.The Superintendent Central Prison, Palayamkottai. .. Respondents Prayer Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the sentences imposed on the petitioner in S.C.No.392/1997 on the file of Principal District and Sessions Judge, Tirunelveli and S.C.No.113/2000 on the file of the I Additional Assistant Sessions Judge, Nagercoil to run concurrently. !For petitioner ... Mr.M.Saravanan ^For Respondents ... Mr.S.Muthu Venkatesan, G.A.,(Crl.Side) :ORDER
The petitioner approaches this Court with a prayer to direct the
sentences imposed on him in S.C.No.392/1997 on the file of Principal District
and Sessions Judge, Tirunelveli and S.C.No.113/2000 on the file of the I
Additional Assistant Sessions Judge, Nagercoil to run concurrently.
2. Heard both sides.
3. The learned counsel appearing for the petitioner would submit that the
petitioner was a convicted person and he was convicted for the following cases:
(i) In S.C.No.392/1997, the learned Principal District and Sessions Judge,
Tirunelveli by the judgment dated 05.10.1998 for an offences under Section 302,
148, 326, 392 r/w 149 I.P.C and Section 3 of Indian Explosive Substance Act and
sentenced to undergo life imprisonment. Aggrieved against the judgement, the
petitioner preferred an appeal in C.A.1010/1998 before the Principal Bench of
this Court, where this Court confirmed the sentence passed by the learned
Principal District and Sessions Judge, Tirunelveli vide judgment dated
30.04.1999.
(ii) In S.C.No.113 of 2000, the learned I Additional Assistant Sessions
Court, Nagercoil by Judgment dated 27.10.2003 for the offence under Sections
147, 307 r/w 149 I.P.C. and sentenced to undergo seven years rigorous
imprisonment. Aggrieved against the judgement, the petitioner preferred an
appeal before the Sessions Court in C.A.135/2004, where, the Sessions Judge,
Kanyakumari Division at Nagercoil confirmed the sentence passed by the learned I
Additional Assistant Sessions Court, Nagercoil.
4. The learned counsel appearing for the petitioner would submit that the
Government has commuted the sentences passed against the similarly placed
accused on account of Anna Birthday Anniversary etc., and they were released
from the prison and it was further submitted that the petitioner was orally
informed by the prison authorities that even though the life sentence granted in
S.C.No.392 of 1997 was commuted by the State Government, the petitioner has to
undergo further seven years imprisonment as granted in S.C.No.113 of 2000 and
hence, the petitioner has come forward with the present application to order the
sentence passed S.C.No.113 of 2000 to run concurrently with the sentence passed
in S.C.No.392 of 1997. To substantiate his case, the learned counsel appearing
for the petitioner would rely upon the decisions of Apex Court and various High
Courts and he prayed for the allowing of the petition.
5. The learned Government Advocate (criminal side) appearing for the
respondent would submit that the petitioner is not entitled to order the
sentences to run concurrently.
6. It is appropriate to consider the decision rendered by three Judges
reported in 2009 CDJ SC 462 (State of Punjab V. Madan Lal), wherein, it has been
held that Punjab and Haryana High Court has come to the correct conclusion and
dismissed the application stating that there is no infirmity or illegality in
the order passed by them. In the said citation, the appellant/accused has filed
a petition under Section 482 of Cr.P.C., which was taken on file in Crl.A.No.529
of 2004 by the Supreme Court. In that, while, considering the facts of the
case, the application is filed to the effect that the quantum of punishment
awarded to run concurrently in respect of the three convictions and sentences
imposed allowed by the High Court, where the conviction is in terms of Section
138 of Negotiable Instrument Act. The High Court has directed that the
sentences imposed by the learned Additional Sessions Judge, Ludhiana and Sub
Divisional Judicial Magistrate, Khanna were to run concurrently.
7. Here, the case on hand, the petitioner was convicted in S.C.No.392 of
1997 and sentenced to undergo life imprisonment and when the petitioner was
undergoing life imprisonment, the petitioner was also convicted in S.C.No.113 of
2000 and in both the cases, the petitioner preferred appeals and the same were
confirmed and there were no appeals have been preferred by the
petitioner/accused. In the above said situation, the said decision in 2009 CDJ
SC 462 (State of Punjab V. Madan Lal) is squarely applicable to the facts of
this case.
8. On a perusal of the record would show that the life sentence passed in
S.C.No.392 of 1997 was commuted by the State Government on account of Anna
Birthday Anniversary and the similarly placed accused were released and this
petitioner was informed to undergo further 7 years imprisonment as granted In
S.C.No.113 of 2000. Considering the facts and circumstances of the case, I am
of the considered view as per the decision in 2009 CDJ SC 462 (State of Punjab
V. Madan Lal), the petitioner is entitled to get the order of sentence to run
concurrently passed in S.C.No.392 of 1997 and 113 of 2004 and hence, this
criminal original petition is liable to be allowed.
10. Accordingly, this criminal original petition is is allowed and the
sentence passed in S.C.No.392/1997 on the file of Principal District and
Sessions Judge, Tirunelveli and S.C.No.113/2000 on the file of the I Additional
Assistant Sessions Judge, Nagercoil are ordered to run concurrently. The
Superintendent of Central Prison, Palayamcottai is directed to act in accordance
with law.
arul
To
1.The Inspector of Police,
Kottar Police Station
Nagercoil
Kanyakumari District
Crime No.1151/1994
2.State rep. by
South Thamaraikulam Police Station,
Nagercoil,
Kanyakumari District,
Crime No.262/1994
3.The Superintendent
Central Prison,
Palayamkottai.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.