Shiva Packages & anr Vs State of Himachal Pradesh & anr (Himachal Pradesh High Court)
Himachal Pradesh High Court held that concurrent running of the sentences is permissible only if the offences have arisen out of the single transaction. Accordingly, concurrent sentences cannot be awarded u/s. 427 of Cr. PC in cases where there is different transactions and different judgements.
Facts- The respondent No.2/complainant filed a complaint against the petitioner. The petitioner-accused was convicted and a compensation of ₹1,16,050/- was ordered to be paid. It was further ordered that in the event of default of payment of the compensation amount, the petitioner shall undergo simple imprisonment for two months. Another complaint was filed by respondent No.2-complainant. The Trial Court sentenced the petitioner-accused to pay a compensation of ₹81,000/- and in default of the payment of compensation to undergo simple imprisonment for two months. The petitioner preferred appeals, but these were dismissed. The petitioner is a handicapped person. He has served the sentence awarded to him in one complaint and is behind the bars in another. He was unable to pay the money due to his physical disability. This Court has inherent jurisdiction to direct the concurrent running of the sentence. Hence, it was prayed that the present petition be allowed and the sentences awarded be ordered to run concurrently.
