1988 CRI. L. J. 1351 ::(1988) 1 Ker LT 85

Kerala High Court

Hon'ble Judge(s): C. S. Nair , J

Criminal P.C. (2 of 1974) , S.427, S.31— Several sentences - Direction that they shall run concurrently - Convict prisoner undergoing imprisonment jumped bail, was rearrested, tried and convicted of offence under S.225 B, I.P.C. - His prayer to make sentence now imposed, concurrent with sentence which he is undergoing - Cannot be allowed. Court has power to direct sentences to run concurrently. Such power, must also be exercised in proper cases. But, it must not be so exercised to make sentences ineffective or crime inconsequential. Sometimes, habitual offenders with several convictions, make a limited prayer for concurrent sentences and such prayers are benevolently granted. Result could be that crimes escape punishment and even dangerous criminals, who must be segregated are let loose. The court noticed that like prayers are often made before the High Court and in trial courts. Sometimes, unwarily such are granted, missing the disguise. Court must apply its mind to the facts and circumstances and should not make it a,meaningless exercise, missing the nuances of the case.(Para 4) Where the petitioner, a convict prisoner undergoing imprisonment jumped jail, was re-arrested tried and convicted of the offence under S. 225-B I.P.C. and a sentence of six months was imposed, his prayer to make the sentence now imposed concurrent wit....