FACTS –
The appellant was charged with and put to trial in respect of nine distinct first information reports relating to alleged incidents involving the theft of electricity equipment belonging to the Electricity Department of the State of Uttar Pradesh.
The appellant agreed to a plea bargain; the appellant was convicted under Section 136 of the Electricity Act. The Additional Sessions Judge sentenced the appellant to two years’ simple imprisonment with a fine of Rs. 1000/- in each of the nine cases.
The Sessions Judge, however, directed that the period of custody as an under trial shall be set off against the period of sentence. Where the conviction was of an offense under Section 136 of the Electricity and Section 411 of the Indian Penal Code, the trial Judge directed that the sentence shall run concurrently.
APPELLANT ARGUMENT –
The appellant was in jail for three years and appealed to the High Court of Allahabad under Article 226 of the Constitution of India, (Habeas Corpus) that the jail authorities were not justified in treating the sentences to be consecutive.
The High Court came to the conclusion that the provisions of Section 427 of the Code of Criminal Procedure 1973, each subsequent term of conviction has to commence at the expiration of the imprisonment currently being undergone.
The appellant has to undergo imprisonment of 18 years with respect to nine convictions.
RATIO DECENDI –
If the accused is convicted for two or more different offences, arising out of one and the same transaction, then the sentences must be directed to run concurrently.
JUDGEMENT –
The Supreme Court set aside the impugned judgment of the High Court and ordered that the sentences which have been imposed on the appellant in the nine sessions trials shall run concurrently and the jail authorities shall now act immediately with the compliance of the order.
JUDGEMENT NAME – Iqram vs State of Uttar Pradesh & Ors – https://main.sci.gov.in/supremecourt/2022/23185/23185_2022_1_22_40630_Judgement_16-Dec-2022.pdf
Written By – Kumar Ankur, National Law University, Lucknow