IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-12170 of 2009 Date of decision : September 11, 2009 Balkar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : None for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Convict Balkar sent application through jail praying that sentences awarded to him in two different cases i.e. FIR No. 188 dated 19.9.2003 of Police Station Sadar Bhiwani under sections 148, 149, 186, 353, 307, 506 IPC and FIR No. 43 dated 4.3.2003 of Police Station City Dadri, under sections 307, 120-B read with section 34 IPC and 25 of the Arms Act, be ordered to run concurrently. As per application itself, appeal preferred by the petitioner-convict against his conviction and sentence in FIR No. 188 of 2003 stood dismissed by this Court. In reply filed on behalf of State, it was mentioned that even Special Petition for Leave to Appeal in the said case stood dismissed by Hon'ble the Supreme Court. On the preceding date of hearing, State counsel was directed to find out if any appeal has been preferred by the petitioner-convict challenging his Criminal Misc. No. M-12170 of 2009 -2- conviction and sentence in FIR No. 43 of 2003 and if so, what is status thereof. Pursuant thereto, learned State counsel has placed on record necessary information that Criminal Appeal No. 91-SB of 2005 has been preferred by the petitioner-convict in the said case. Office has also reported about the said appeal preferred by the petitioner. File of the said appeal has also been attached and it shows that the said appeal is still pending. In view of the judgment of Full Bench of this Court in the case of Jang Singh versus State of Punjab, 2008(1) RCR (Criminal), 323, the instant petition under section 482 of the Code of Criminal Procedure for directing concurrent running of sentences in two or more cases is not maintainable, although the convict may make such a request before appellate or revisional court in pending appeal or revision. Accordingly, the instant petition is dismissed. The petitioner may, if so advised, make necessary application in the pending appeal being Criminal Appeal No. 91- SB of 2005. A copy of this order be communicated to the petitioner-convict through jail authorities. ( L.N. Mittal ) September 11, 2009 Judge 'dalbir'