High CourtsDivision Bench(1955) 05 CAL CK 0040

Jainta Kumar Banerjee vs The State

Calcutta High Court · Decided on 5 May 1955 · Citation: AIR 1955 Cal 632 : (1955) CriLJ 1584

HON’BLE JUDGES
Renupada Mukherjee, J · Mitter, J
CASE NUMBER
Criminal Revn. No. 300 of 1955

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Judgment

10 paragraphs · 252 words

Mitter, J. 1. This Rule was issued by the Bench taking undefended criminal cases to show cause why the petitioner's sentences should not be made concurrent.

2.

The petitioner was convicted and sentenced as follows:

1.

A sentence of rigorous imprisonment for 4 years and 6 months u/s 408 of the Penal Code, passed on 19-5-1951;

2.

A sentence of 4 months'' rigorous imprisonment and a fine of Rs. 200/-, in default, rigorous imprisonment for 3 months more u/s 420 of the Penal Code, passed an 5-9-1951;

3.

A sentence of rigorous imprisonment for 6 months and a fine of Rs. 200/-, in default, rigorous imprisonment for 2 months more u/s 420 of the Penal Code, passed on 22-9-1951;

and lastly, a sentence of 2 years'' rigorous imprisonment u/s 474 of the Penal Code passed by Sen, J. on 20-8-1(sic)2.

3.

The petitioner prays that the several sentences imposed upon him be directed to run (sic) currently. It is clear that so far as the petitioner (sic) conviction and the sentence imposed upon him (sic) this Court are concerned, we cannot interfere. (sic) regard to the sentences in respect of the other that convictions, we have, in our view; power (sic) Section 561-A. Criminal P. C. to order that they may (sic) concurrently. In all the facts and circumstance (sic) this case, we direct that the petitioner's sentences (sic) respect of the first three convictions do run (sic) currently.

4.

The Rue is disposed of accordingly.

Renupada Mukherjee, J.

5.

I agree.