Cr.MMO No. 36 of 2008 01.05.2008 Present: Mr. J.S. Guleria, law Officer, for the respondent/State. Cr.MMO No. 36 of 2008: The present petition has been received from Jail. A perusal of the report made by the office shows that the appeal filed by the petitioner through Jail was registered as Cr. Appeal No. 77 of 2004 and the same was decided by a Bench of this Court on 6.7.2007. I have called for the original record of the Criminal Appeal decided on 6.7.2007 by this Court, which shows that the sentence imposed upon the appellant was reduced from ten years to six years rigorous imprisonment and fine of Rs.20,000/-. In default of payment of fine, the petitioner was to undergo simple imprisonment for a further period of six months. By the present petition, the petitioner has prayed that the sentence imposed upon him may be considered as concurrent since the petitioner was already undergoing sentence in some other …2… case. The petitioner was convicted only under Section 20 and substantive sentence of six years was imposed upon him and in case of default of payment of fine of Rs.20,000/-, he was to undergo simple imprisonment for a period of six months. The sentence imposed due to non-payment of fine cannot run concurrently and in case he does not pay the fine, he has to serve the sentence after serving the main sentence imposed upon him. Insofar as the plea is concerned that he was already undergoing some sentence in another case, the learned trial Court had already passed a judgment that the period during which he has been in custody during this case shall be excluded as provided under Section 428 Cr.P.C. Therefore, the Jail Superintendent is required to comply with the directions accordingly. No orders are required to be passed in this petition, which is dismissed accordingly. A copy of the order be sent to the Jail Superintendent for information and compliance and for supplying copy to the petitioner for information. Record of the original case be returned to the Registry. Cr.M.P. No. 235 of 2008: In view of the orders passed in the main petition, this application also stands disposed of. May 01, 2008 ( V.K. Ahuja ), J. (BSS)