IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.6772 of 2009 Between: Md. Raheem, S/o Rasoolmiah .. Petitioner AND The State of Andhra Pradesh, reptd. by Public Prosecutor .. Respondent ORDER: Heard Sri B. Parameswara Rao, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. The petitioner is the fourth accused in S.C.No.199 of 2007 on the file of Assistant Sessions Judge, Rajampet, Kadapa District, and he was convicted and sentenced by the judgment dated 03-07-2008 to undergo Rigorous Imprisonment for five years and to pay a fine of Rs.100/- with a default sentence of ten days for the offence punishable under Section 395 of the Indian Penal Code. He is also fourth accused in S.C.No.268 of 2007 on the file of III Additional Sessions Judge, Kurnool at Nandyal and by the judgment dated 23-04-2008, he was convicted and sentenced for an offence punishable under Section 395 of the Indian Penal Code to undergo rigorous imprisonment for two and half years. As the cases were tried and disposed of by different courts, any concurrent running of sentences could not be considered or ordered. The petitioner approached the Andhra Pradesh High Court Legal Services Committee for pursuing necessary reliefs on which the present criminal petition is filed based on the information furnished by the Central Prison, Kadapa. Sri B. Parameswara Rao, learned counsel for the petitioner, referred to, in para-2 of the petition, the various precedents and submitted that the judicial discretion under Section 427 of the Code of Criminal Procedure ought to have been exercised in favour of making the sentences run concurrently and the learned counsel representing the learned Public Prosecutor for the sole respondent has no objection. Therefore, the sentences imposed on the petitioner in S.C.No.199 of 2007 on the file of Assistant Sessions Judge, Rajampet, Kadapa District, by the judgment dated 03-07-2008 and in S.C.No.268 of 2007 on the file of III Additional Sessions Judge, Kurnool at Nandyal by the judgment dated 23-04-2008 shall run concurrently and the Criminal Petition is allowed accordingly. _____________________ G. BHAVANI PRASAD, J Date: 14-09-2009 Ksn