Bakhtawar Singh vs The State of Haryana

K.C. Gupta

Bakhtawar Singh applicant-appellant was convicted in case FIR No. 362 dated 2.11.1996 under Sections 324/307, IPC and FIR No. 371 dated 7.11.1996 u/s 25 of the Arms Act, registered at Police Station City Tohana vide judgment dated 13.12.2000 passed by the Addl. Sessions Judge, Fatehabad. Vide separate order dated 15.12.2000 passed by him, the applicant-appellant was sentenced to undergo R.I. for a period or 6 years and to pay fine of Rs. 5000/- u/s 307, IPC; in default of payment of fine he was to undergo further R.I. for two months. He was also sentenced to undergo R.I. for six months u/s 25 of the Arms Act. However, both the substantive sentences were ordered to run concurrently.

Subsequently, the applicant-appellant was also convicted in case FIR No. 294 dated 1.7.1993 u/s 325, IPC, registered at police station Tohana and were sentenced to undergo R.I. for six months vide judgment and order dated 6.8.2001 passed by the Judicial Magistrate Ist Class, Tohana. u/s 323 IPC. At that time, the appellant was in custody in some other case. However, it was not ordered that this sentence of six months shall run concurrently with the sentences he is already undergoing. Keeping in view these facts and circumstances of the case, it is ordered that the sentence of six months awarded to the applicant-appellant in case FIR No. 294 dated 1.7.1993 u/s 325, IPC shall run concurrently with the sentences already awarded to him in FIR No. 362 dated 2.11.1996 and FIR No. 371 dated 7.11.1996. This Cri. Misc. Petition stands disposed of accordingly.