Ajay @ Balya vs State of Rajasthan

Mahesh Chandra Sharma, J.—By the order of even date, Pankanj Soni v. State of Rajasthan and Anr., S.B. Cr. Misc. Petition No. 741 of 2009 and two other misc. petitions in relation to passing orders for running sentences awarded to the Petitioner in that case concurrently, were allowed. This criminal misc. petition is also related for passing orders for running the sentences awarded to the Petitioner in Criminal Case No. 1014/2007, for offence u/s 411 sentenced to Three years RI (in appeal No. 24/2009 by the Addl. Sessions Judge (Fast Track) No. 3 sentence of three years was reduced to 2 two years) and in Criminal Case No. 93/2008 accused was convicted and sentenced for offences under Sections. 457 to suffer Five years RI and for Section 380 IPC Five years RI (in appeal No. 372/2008 vide judgment dated 7.9.2009 by the Special Judge SC/ST Atrocities Cases, Ajmer sentence was reduced to Three years RI each) concurrently. The reasonings mentioned in the order of even date shall also mutatis mutandis apply to this case. A copy of the order passed in S.B. Criminal Misc. Petition No. 741/2009 may also be placed on the record of this case.

In view of this, this misc. petition is allowed and the sentences passed in Criminal Case No. 1014/2007 Three years RI (reduced in appeal No. 24/2009 by the Addl. Sessions Judge (Fast Track) No. 1 Ajmer to two years RI) and Criminal Case No. 93/2008 Five years RI each for both the offences (reduced in appeal No. 372/2008 vide judgment dated 7.9.2009 by the Special Judge SC/ST Atrocities Cases, Ajmer to Three years RI each) shall run concurrently.