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Jainta Kumar Banerjee Vs. the State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata High Court
Decided On
Case NumberCriminal Revn. No. 300 of 1955
Judge
Reported inAIR1955Cal632,1955CriLJ1584
ActsCode of Criminal Procedure (CrPC) , 1898 - Section 561A
AppellantJainta Kumar Banerjee
RespondentThe State
Respondent AdvocateN.K. Sen, Adv.
Excerpt:
- .....and lastly, a sentence of 2 years' rigorous imprisonment under section 474 of he penal code passed by sen, j. on 20-8-1(sic)2. 3. the petitioner prays that the several sentences imposed upon him be directed to run (sic) currently. it is clear that so far as the petitioner (sic) conviction and the sentence imposed upon him (sic) this court are concerned, we cannot interfere. (sic) regard to the sentences in respect of the other that convictions, we have, in our view; power (sic) section 561-a. criminal p. c. to order that they may (sic) concurrently. in all the facts and circumstance (sic) this case, we direct that the petitioner's sentences (sic) respect of the first three convictions do run (sic) currently.4. the rue is disposed of accordingly.renupada mukhehjee, j. 5. i.....
Judgment:

Mitter, J.

1. This Rule was issued by the Bench taking undefended criminal cases to show cause why the petitioner's sentences should not be made concurrent.

2. The petitioner was convicted and sentenced as follows:

1. A sentence of rigorous imprisonment for 4 years and 6 months under Section 408 of the Penal Code, passed on 19-5-1951;

2. A sentence of 4 months' rigorous imprisonment and a fine of Rs. 200/-, in default, rigorous imprisonment for 3 months more under Section 420 of the Penal Code, passed an 5-9-1951;

3. A sentence of rigorous imprisonment for 6months and a fine of Rs. 200/-, in default,rigorous imprisonment for 2 months moreunder Section 420 of the Penal Code, passed on22-9-1951;

and lastly, a sentence of 2 years' rigorous imprisonment under Section 474 of He Penal Code passed by Sen, J. on 20-8-1(sic)2.

3. The petitioner prays that the several sentences imposed upon him be directed to run (sic) currently. It is clear that so far as the petitioner (sic) conviction and the sentence imposed upon him (sic) this Court are concerned, we cannot interfere. (sic) regard to the sentences in respect of the other that convictions, we have, in our view; power (sic) Section 561-A. Criminal P. C. to order that they may (sic) concurrently. In all the facts and circumstance (sic) this case, we direct that the petitioner's sentences (sic) respect of the first three convictions do run (sic) currently.

4. The Rue is disposed of accordingly.

Renupada Mukhehjee, J.

5. I agree.


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