AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1536 OF 2009 Mohomed Aslam Fakir Mohomed @ Sheru ... Petitioner Vs. The State of Maharashtra & Ors. ... Respondents Mr. N.N. Gawankar i/b Mr. Arfan Sait for the petitioner. Mr. A.S. Gadkari, A.P.P. for the State. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 15TH JULY, 2009. P.C.:- 1. The petitioner is at present lodged in Nashik Road Central Prison. In this petition, the petitioner has prayed that his subsequent conviction and sentence in C.C. No. 749 of 1981 with C.C. No.187 of 1985 and in Special Case No.15 of 1995 under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short, “the TADA”) may be AJN 2 ordered to run concurrently with imprisonment for life awarded in Special Case No.658 of 1986. 2. Some of the important dates may be necessary to understand the prayer made by the petitioner. On 20/12/1988, the petitioner was convicted in Sessions Case No.658 of 1986 for life imprisonment. On 20/2/1989, the petitioner was convicted in Criminal Case No.749 of 1981 read with Criminal Case No.187 of 1985 and was sentenced to suffer rigorous imprisonment for one year and six months. Subsequently, the petitioner was tried for offences under the TADA in TADA Special Case No.15 of 1995 and was convicted and sentenced to suffer rigorous imprisonment for 10 years on 27/11/1998. The petitioner was also convicted in Criminal Case No. 319/P/95 under Section 224 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000/- and in default, to suffer rigorous imprisonment for 200 days. AJN 3 3. By judgment and order dated 16/3/1999, a Division Bench of this court (A.V. Savant and T.K. Chandrasekhara Das, JJ.) ordered that the petitioner’s sentence in Criminal Case No.319/P/1995 should run concurrently with his sentence in Sessions Case No.658 of 1986 as per the provisions of Section 427(2) of the Code of Criminal Procedure (for short, “the Code”). 4. We have heard Mr. Gawankar, learned counsel appearing for the petitioner and Mr. Gadkari, learned A.P.P. for the State. 5. Mr. Gawankar has shown us order dated 24/11/1999 passed by the Supreme Court in Criminal Appeal No.613 of 1999. This appeal arises out of the judgment and order passed by the TADA Court Special Case No.15/1995 whereby the petitioner was sentenced for 10 years of rigorous imprisonment. We may quote the Supreme Court order: AJN 4 “The appellant in Criminal Appeal No. 613 of 1999 has been convicted and sentenced to undergo imprisonment for life in another case and against which conviction and sentence, he has already filed Special Leave Petition in this court. In this case, the appellant has been sentenced to suffer imprisonment for 10 years only. In view of the provisions contained in Section 427(2) of the Criminal Procedure Code, the sentence in this case will have to run concurrently with the sentence of life imprisonment. But, if the life imprisonment is not maintained in the other case, then the sentence may have to run consecutively. In order to avoid any complication, it is desirable that the Special Leave Petition is listed for an appropriate order before this appeal is decided.” 6. Thus, the Supreme Court has directed that the benefit of Section 427(2) of the Code be given to the petitioner if the life imprisonment of the petitioner in Sessions Case No.658 of 1986 is confirmed. There is no dispute about the fact that the life imprisonment in Special Case No.658 of 1986 is confirmed. Hence, in view of the judgment of the Supreme Court, the petitioner must get that benefit. Mr. Gawankar learned counsel for the AJN 5 petitioner contended that, at this stage, he is not pressing the petitioner’s prayer that his sentence in Criminal Case No.749 of 1981 with Criminal Case No.187 of 1985 be made concurrent with his Sessions Case No.658 of 1986. We leave that point open. In the circumstances, we pass the following order. 7. The sentence awarded to the petitioner in TADA Special Case No.15 of 1995 on 27/11/1998 is ordered to run concurrently with the sentence of life imprisonment imposed on him in Sessions Case No.658 of 1986 on 20/12/1988 by the Sessions Court, Greater Mumbai. The petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]