High Court Kerala High Court

C.N.Hashim vs State Of Kerala on 29 October, 2010

Kerala High Court
C.N.Hashim vs State Of Kerala on 29 October, 2010
       

  

  

 
 
  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.

           ---------------------------------------------
           CRL.M.C.NO.4357 OF 2010
           ---------------------------------------------
           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.