-.-^.^ ff ~~^i ^\ 1 •'. • .'"-^ ** ¥l y '^^-::~"'>. y \^a^/i^9 \sv HIGH COURT QF CHHATTISGARH AT BILASPUR Criminal MIsc. Petitioa No. 871 Of 2010 PETITIONERS: IN JAIL RESPONDENT 1. 2. VE^US 1. 2. Santosh Thakur S/o Surajdeo Thakur, aged about 31 Years, R/o Village Tetardih, Thana Ramaaujgaaj Distfc -Saiguja (C.G.). Shaaker Thakur S/o Suiajdeo Thakur, aged about 30 Years, R/o Vfflage Dev^aaj, Ttiana-Ramanujganj Distt.-Sar^uja (C.G.). State of Chhatdsgarh Through the District inagistrate Ambikapur, Distt.- Sa(guja(C.G.). Superintendent of jail Central jail Ambikapur, Distt. Sarguja (C.G.). PBTITION UNDER SECTION 482 READ WITH SECTION 427 (2) OF Cr.P.C. FOR ISSUANCB OF DIRECTION TO RUN SENTENCES CONCURRENTLY. (SB :Hon'ble Mr. T.P.Sharma, J.) Present:- Shri Sunil Satiu, Advocate for tbe petitioners. Shri Rakesh Jha, Dy. G.A. for the State/respondents. ORAL- ORDER (Passedoa 14/12/2010) By tbis petition uiider Section 482 read wifh Section 427 (2) of Code of Criminal Procedure, petitioners have requested for limited prayer to run Sentences concurrenfly finally uiauitained in Crunmal Appeal Nos. 304/2005 & 489/2005 passed by this Court agaiast present petitioners iu Session Trial Nos. 348/2001 & 397/2003 passed by Additional Sessions Judge (F.T.C.), Ramaaujganj ia which conviction of both fhe petitioners under Section 395 read with Section 398 of the Indiau Penal Code has been inaintained aad rigorous imprisoruaent for 10 years has also been maiataiued. Leamed counsel for fhe petitioners subinits fhat if the scntences of botti the offences is not directed to run concurrently then petitioners wiU suffer sentence of 20 years, they have ah-eady coinpleted the sentence of inore than 7 years. \ ('^'1 & ;. "ft' .s' "^ 1tefa-<ffl -y J-. Leamed couasel for fhe petitioners further subniits fhat considering the long sentence, the sentence to run concurrenfly iu accordauce wifh Section 427 (2) of the Code of Criaunal Procedure, 1973, On the other hand, leamed counsel for ftie respondents/State opposed fhe petition, Both the petitioners have been convicted and sentenced iu two difFerent sessions trial. As per judginent passed iu appeal, first ofFence has cominitted on 27/ 10/02 aad second oflFence has comiuitted o^i_8/3/03. As per judgiuent both the offences are related'i'to^Dacorty at night at forest. Considenug the act et^ ' . . attributed ^fhe petttioners aad its gravity ia the ofifence agamst tiie pubUc at large fhis is not a fit case in which aforesaid direction to run sentence concurrcnfty would be just aud proper, Consequentiy, petition is liable to be disiaissed and is hereby disnussed. Sd/- T.P. Sharma Judge A[^