IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-16543 of 2008
Date of decision : September 16, 2009
Amrik Singh
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Vivek Thakur, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
Convict Amrik Singh sent application from jail addressed to
Hon’ble the Chief Justice of this Court, which has been treated as petition
under section 482 of the Code of Criminal Procedure ( in short, Cr.P.C.).
The petitioner has alleged that he is convict in two cases i.e. FIR No. 110
dated 8.5.2001, under sections 302, 392 IPC and section 25 of Arms Act,
Police Station Fazilka, District Ferozepur, in which he has preferred
Criminal Appeal No. 645-DB of 2004 and FIR No. 54 dated 16.8.2001,
under sections 302, 307, 392 IPC and section 25 of the Arms Act, Police
Station City Jalalabad (W), District Ferozepur, in which he has preferred
Criminal Appeal No. 553 of 2007 (correct number being 853-DB of 2007 as
per report of office). The petitioner-convict has prayed that sentences
awarded to him in the aforesaid cases be ordered to run concurrently.
Criminal Misc. No. M-16543 of 2008 -2-
As per office report, both the aforesaid appeals are still pending
in this Court.
In view of judgment of Full Bench of this Court in the case of
Jang Singh versus State of Punjab, 2008(1) RCR (Criminal), 323, the
instant separate petition under section 482 Cr.P.C. is not maintainable for
seeking direction for concurrent running of sentences awarded in two or
more cases although such prayer can be made in the pending appeal or
revision.
In view of the aforesaid, the instant petition is disposed of with
liberty to convict-petitioner to seek appropriate remedy, in accordance with
law, in the pending appeals.
A copy of this order be sent to the convict-petitioner through
jail authorities.
( L.N. Mittal )
September 16, 2009 Judge
'dalbir'