SCR.A/153/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 153 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= ABDUL WAHAB ABDUL MAJID - Applicant(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : THROUGH JAIL for Applicant(s) : 1, MR M.R. MENGDEY ADDL.PUBLIC PROSECUTOR for Respondent(s) : 1, NOTICE UNSERVED for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/09/2008 ORAL JUDGMENT 1. RULE. Mr.M.R. Mengdey, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondents. 2. Present application through jail is submitted by the SCR.A/153/2008 2/3 JUDGMENT accused – Vijay Prajapati Thakkar, for an appropriate order under sec.427 (2) of the Code of Criminal Procedure, submitting that he is convicted by the trial court while passing conviction judgement and order dtd.19/9/1999 in Sessions Case No.13 of 1997 and sentenced to suffer Imprisonment for life and subsequently he is also convicted in TADA Case Nos.4/1995, 27/1996 and 22/1996 and sentenced to suffer various Life Imprisonments and therefore, prayed to run the subsequent sentence concurrently with the earlier sentence. 3. Mr.M.R. Mengdey, learned Additional Public Prosecutor has produced one order dtd.17/7/2007 passed by the learned Additional City Sessions Judge, Court No.8, Ahmedabad in Criminal Misc.Application No.1550 of 2007, which was filed by the very same petitioner for the very relief and the learned Additional Sessions Judge, considering the provisions of the Code of Criminal Procedure, more particularly sec.427(2) as well as subsequent judgement and order of conviction which is confirmed upto the Hon'ble Supreme Court, rejected the prayer of the petitioner to run the subsequent sentence concurrently with the earlier sentence. SCR.A/153/2008 3/3 JUDGMENT 4. Having gone through the order passed by the learned Additional Sessions Judge, Court No.18, in Criminal Misc.Application No.1550 of 2007 dtd.17/7/2007, whereby the learned Judge has rejected the very prayer made by the petitioner in the said application and considering the subsequent judgement and order which is confirmed upto the Hon'ble Supreme Court, this Court is of the opinion that the trial court has rightly rejected the prayer of the petitioner to run the subsequent sentence concurrently with the earlier sentence. Under the circumstances, the prayer of the petitioner cannot be granted and hence the petition deserves to be dismissed and is accordingly dismissed. Rule is discharged. 5. Office to send the copy of this order to the petitioner as well as the concerned jail authority. [M.R. SHAH, J.] rafik