- 1 - 3987 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3987 OF 2010 Mohd. Aslam Mohd Hussain Khan .. Applicant vs The State of Maharashtra .. Respondents None for Applicant Mr.S.A.Shaikh APP for State CORAM: K.U.CHANDIWAL, J DATE: 5th September, 2011 P.C. 1. Heard learned APP. Affidavit filed by Yusuf Sultan Shaikh Jailor Group-II Nasik Road Central Prison, Nasik shows that the accused- respondent was convicted by the learned 2nd Ad- hoc Additional Sessions Judge, Greater Mumbai at Sewree in Sessions Case No.432/2006 and was sentenced to suffer R.I. for 15 days and to pay fine of Rs.200/- with default clause. He was also convicted for the offence under section 392 and under section 397 of IPC and sentenced to - 2 - 3987 suffer R.I. for 7 years. Both the sentences were ordered to run concurrently. The Applicant was also convicted in Sessions Case No.712/1991 for the offence punishable under section 392 IPC and was directed to suffer R.I. 5 years and to pay fine of Rs.3000/- with default clause. He was again convicted in Sessions case No.676/1991 for the offence punishable under 392 and under section 397 IPC to suffer R.I. For 7 years and to pay fine of Rs.500/-. 2. Matter was even heard by the learned Ad-hoc Sessions Judge in respect of recording of concurrent sentences. However, the learned Sessions Judge did not find any favour with such contentions as raised by the accused-applicant in Misc.Application No.233/2010 which accordingly was disposed of on 2.12.2010. In the set of above events, I do not see any reason to convert the sentences for all the three cases to run concurrently. - 3 - 3987 3. Application rejected. Inform the jail authorities accordingly. K.U.Chandiwal, J