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Abdul Khalek Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in17Ind.Cas.813
AppellantAbdul Khalek
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898,), sections 35(3) and 413 - appeal--sentence of one month's imprisonment under more sections than one--sentences to run concurrently--appeal, whether lies to sessions court. - 1. it is perfectly clear that the judge is bound to entertain and hear the appeal in this case. under the rulings of this court, concurrent sentences for the purpose of appeal must be taken in the aggregate. the interpretation of section 35(3) appears to leave it without doubt that concurrent sentences come within the meaning of that clause; otherwise there would be no distinction whatever between a concurrent sentence and a single sentence in which no sentence was passed under the second charge.2. the rule is made absolute and the appeal will be heard in due course by the learned sessions judge.3. the petitioner will remain on the same bail pending the hearing of the appeal.
Judgment:

1. It is perfectly clear that the Judge is bound to entertain and hear the appeal in this case. Under the rulings of this Court, concurrent sentences for the purpose of appeal must be taken in the aggregate. The interpretation of Section 35(3) appears to leave it without doubt that concurrent sentences come within the meaning of that clause; otherwise there would be no distinction whatever between a concurrent sentence and a single sentence in which no sentence was passed under the second charge.

2. The Rule is made absolute and the appeal will be heard in due course by the learned Sessions Judge.

3. The petitioner will remain on the same bail pending the hearing of the appeal.


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