Gurdeep Singh vs State of Punjab

Ujagar Singh, J.

Two separate reports under Section 173, Crl. P.C. were, presented against the petitioner and he was tried, convicted and sentenced by the trial Court on 22nd August, 1986, separately in both the cases. The petitioner was working as a Cashier in the society. During the period from 3rd May, 1974 to 29th May, 1977, he is stated to have misappropriated Rs. 19,385/ belonging to the society and for this misappropriation he was ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/. In the other case, the allegation against the petitioner was that he was entrusted with a sum of Rs. 800/ on 10th November, 1974 but he misappropriated the same. After trial, the trial Court sentenced him to undergo rigorous imprisonment for 9 months and to pay a fine of Rs. 500/ or in default of payment of fine to undergo further simple imprisonment for two months. The petitioner through this petition seeks that both the sentences be made to run concurrently.

This petition is to seek relief under Section 427 of the Code of Criminal Procedure and the requirement is that when a person already undergoing sentence of imprisonment is sentenced on a subsequent conviction to imprisonment, such imprisonment has to commence at expiration of the imprisonment already given unless the court directs that the subsequent sentences shall run concurrently with such previous sentence.

Both the sentences were passed on 22nd August, 1986 and the facts do not make it clear which of judgments was pronounced earlier to the other. The words `subsequent conviction'' occurring in Section 427 Crl. P.C. have been interpreted to mean that even a conviction and sentence made on the same day and even simultaneously such cases are covered by provisions of the said Section and both the sentences are made to run concurrently. Of course, the fine imposed in each case has to be paid. This petition is allowed accordingly.