Kishor S/O. Sukhdev Jivtode (In Jail) v. State Of Maharashtra Thr. Police Station Officer, Wadi Nagpur
apl287.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO.287/2017 Kishor s/o Sukhdev Jivtode ..vs.. The State of Maharashtra through PSO P. S. Wadi, Nagpur, Dist. Nagpur.
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. R. P. Thote, Advocate appointed for the applicant. CORAM : V.M. DESHPANDE, J.
DATED :
JULY 28, 2017 Heard Mr. Thote, learned appointed counsel for the applicant.
This is an application under Section 482 of the Cr. P. C. The application is moved before this Court with following prayers:
(i) Allow this application and sentences passed vide judgment dated 02.01.2013 by Judicial Magistrate First Class (Corporation Court No.2), Nagpur in R.C.C. No. 593/2009 and 594/2009 and also the sentences passed by Chief Judicial Magistrate, Central Prison, Nagpur vide judgment dated 05.01.2013 in R.C.C. No. 1396/2012, 1509/2012, 1510/2012, 590/2009, 591/2009 and 592/2009 be directed to run concurrently in the interest of justice.
(ii) Further be pleased to consider the period already undergone by the applicant to be the total
apl287.17.odt sentence suffered for the convictions in R.C.C.No.593/2009 and 594/2009 by learned Judicial Magistrate First Class (Corporation Court No.2), Nagpur and convictions passed by Chief Judicial Magistrate, Central Prisoni, Nagpur vide judgment dated 05.01.2013 in R.C.C.No1396/2012, 1509/2012, 1510/2012, 590/2009, 591/2009 and 592/2009 by making it concurrent in the interest of justice.
According to the learned counsel for the applicant, the sentences imposed upon the applicant shall run concurrently as provided in Section 31 of the Cr. P. C. The prayer clause shows that the applicant was convicted in different trials in respect of the difference offences committed during the different period of time. In that view of the matter, Section 31 of the Cr.P.C. has no application. There is no merit in the present application. The same is, therefore, rejected. Professional charges of Mr. R. P. Thote, learned appointed counsel are quantified at Rs.1500/-. JUDGE kahale