IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 Crl.MC.No. 4357 of 2010() ------------------------------ CRA.541/2006 of ADDL. SESSIONS COURT - FAST TRACK (ADHOC -I & II), KOZHIKODE .................... PETITIONER(S)APPELLANT -------------------------------- C.N.HASHIM ,S/O.ABOO HAJI AGED 49 YEARS, PROPREITOR, NATIONAL TRADERS, KALPETTA, NOW RESIDING AT 'SHAMNAS', EMILY, KALPETTA P.O., WAYANAD. BY ADV. SMT.CELINE JOSEPH RESPONDENT(S)/COMPLAINANT ------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4357 OF 2010 --------------------------------------------- Dated 29th October, 2010 O R D E R Petitioner was convicted and sentenced in S.T.Nos.1172/2003, 1409/2003, 1171/2003, 1194/2003, 1195/2003, 1529/2003, 1522/2003, 1521/2003, 1173/2003, 1536/2003, 1537/2003 and 1538/2003. He was sentenced to fine. Substantive sentence was only till rising of the Court. Case of the petitioner is that as he has been in custody for 54 days, direction is to be issued to the Magistrate not to direct the petitioner to undergo imprisonment till rising of the Court. 2. Learned counsel appearing for the petitioner was heard. 3. Learned counsel would argue Crmc 4357/10 2 that the sentence shall be converted to concurrent sentence. Annexures-2 to 7 judgments in the appeals do not show that the sentences awarded were directed to be undergone concurrently. If the petitioner has been in custody for at least for one day in any of the cases for which he was convicted, learned Magistrate not to insist to undergo substantive sentence of imprisonment till rising of court in that case. If the petitioner had not been in custody in a particular case, necessarily he has to undergo the substantive sentence in that case. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.