...concurrent or consecutive sentences.3. The essential facts can be stated in summary form as follows: Appellant — Mohd. Akhtar Hussain alias Ibrahim Ahmad Bhatti is a Pakistani...subsequent case is to run. Whether it should be concurrent or consecutive ?10. The basic rule of thumb over the years has been the so-called single transaction rule for concurrent sentences. If...a given transaction constitutes two offences under two enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offences is not the same or the...

...the end, whether the sentences are made consecutive or concurrent, the sentencing Judge should try to ensure that the totality of the sentences is correct in the light of all the circumstances of the...case.”5. The above observation of the Supreme Court gives clear indication that whether the sentences are made consecutive or concurrent, it should be ensured that the totality of the sentences is...consecutive sentence in the second case although it is grave. The court has to consider the totality of the sentences which the accused has to undergo if the sentences are to be consecutive. The...

.... Collector of Customs (1988) 4 SCC 183 in support of the proposition of law laid down by this Court on the issue of concurrent or consecutive sentences, the...battleground, and the trial court having given cogent reasons for the sentences to run consecutively in terms of Section 31 CrPC, the High Court was totally disinclined to reduce the sentence or to lift the...consecutive sentences passed by the trial court. Hence, the accused filed this appeal urging various grounds in support of the questions of law raised by him.9. The...

...rule of thumb over the years has been the so-called single transaction rule for concurrent sentences. If a given transaction constitutes two offences under two enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offences is not the same or the...other words, if the sentences should be concurrent or consecutive. 11. Tile Hon'ble Supreme Court has again gone into this aspect in the case of Ranjit Singh Vs. Union...run concurrently with the previous sentence. Here again the Supreme Court would not provide any guidelines or directions governing the mode, method or principle where direction for consecutive or concurrent execution of sentences are...

...376(1), 366 and 363 IPC, respectively.6. For the reason that the decisions aforesaid were silent on the point of concurrent or consecutive running of sentences, the Jail...sentences are to run consecutively.7.2. The learned counsel Mr Pai has also attempted to adopt another line of argument that concurrent or consecutive running of sentences is...direction having been given by the trial court or by the High Court, it cannot be said that the courts were consciously providing for consecutive running of sentences. Further, with reference to the...

..., AIR 1988 SC 2143 in which it has been held that under Section 427 of Cr.P.C., about Consecutive and concurrent sentences be made where transaction relating to offences not same or facts constituting two different offences, are quite different, consecutive sentences...as under :- The basic rule of thumb over the years has been the so-called transactions rule for concurrent sentences. If a given transaction constitutes two enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offence is not the same or the...sentences rejecting the prayer of concurrent sentences. 2. Undisputedly, seven different persons have filed the complaints under...

...had not passed any specific order for concurrent or consecutive running of the sentences. In the said petition bearing CRM-M- 41678-2020, a co-ordinate Bench of this Court had passed order for...Court has power and discretion to issue a direction for concurrent running of the sentences when the accused is convicted at one trial for two or more offences. This provision also authorizes the...the sentences so awarded to the petitioner were to run 1 of 4 concurrently or consecutively...

...Section, the sentencing Court is required to consider and make an appropriate order as to how the sentence passed in the subsequent case is to run, whether it should be run concurrent or consecutive. The basic rules of thumb over the years have been the so called single transaction rule for concurrent sentences. If...wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offences is not the same or the facts...concurrent or consecutive? The basic rule of thumb over the years has been the so called single transaction rule for concurrent sentences. If a given transaction constitutes two offences under two...

...sentences to be consecutive or concurrent. 4. In the present case, the petitioner committed second crime for which he is convicted, while having been released on bail. Considering this...punishable under Sections 457 and 380 of the Indian Penal Code. The petitioner has prayed that the sentences given by the above referred two judgments be directed to be...undergoing a sentence of imprisonment awarded in an earlier case, has power to direct that the subsequent sentence awarded is to run consecutively or concurrently. It is laid down that while deciding this...

...and make an appropriate order as to how the sentence passed in the subsequent case is to run. Whether it should be concurrent or consecutive? 10. The basic rule of thumb over the years has been the so-called single transaction rule for concurrent sentences. If...a given transaction constitutes two offences under two enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offences is not the same or the...consecutive or concurrent, the sentencing Judge should try to ensure that the totality of the sentences is correct in the light of all the circumstances of the case'. 6. The above...

...the so called single transaction rule or concurrent sentences. If a given transaction constitutes two offences under two enactments generally, it is wrong to have consecutive sentences. It is proper...and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offences is not the same or the facts constituting the two offences are quite different...Vishnu Sahai, J.:— Petitioner-Ramesh Sawant, Convict No. C-1867, detained in Nasik Road Central Prison, Nasik has preferred the present petition with a prayer that the sentences awarded to...

...427 of cr.p.c., about Consecutive and concurrent sentences be made where transaction relating to offences not same or facts constituting two different offences, are quite different, consecutive sentences...:- The basic rule of thumb over the years has been the so-called transactions rule for concurrent sentences. If a given transaction constitutes two enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences. But this rule has no application if the transaction relating to offence is not the same or the...prayer of concurrent sentences. 2. Undisputedly, seven different persons have filed the complaints under section 138 of negotiable instruments act, in which petitioner has been convicted for rigorous...

...Court, which is required to apply its mind and consider what would be an appropriate sentence in a given case or in other words, if the sentences should be concurrent or consecutive.(7) If the accused is habitual offender and and is found guilty on various counts and it is suspected that he would be a menace to the society if let loose, then the term of consecutive sentences should...) R.C.R (Criminal) 323. This Court in Jang Singh's case (supra) has held that Court has discretion to convert consecutive sentences into concurrent running of sentence if the same is pending before the...case. Some indications are available in the judicial pronouncement, which are enumerated as follows:-“(1) Discretion to make the sentences to run consecutively or concurrently would be...

...to apply its mind and consider what would be an appropriate sentence in a given case or in other words, if the sentences should be concurrent or consecutive.(7) If the accused is habitual offender and is found guilty on various counts and it is suspected that he would be a menace to the society if let loose, then the term of consecutive sentences should...making the sentence concurrent as under:-“(1) Discretion to make the sentences to run consecutively or concurrently would be governed by different considerations, like facts of each case...petition were addressed by the learned counsel for the petitioner on that day and the case was reserved on the decision whether the sentences can be made concurrent in the above said two FIRs. The Full...

...offences punishable under two different laws, namely, Section 409 IPC and Section 5(1)(c) of the Prevention of Corruption Act. He did not give separate sentences and make them concurrent or...to be misappropriated by Chimanlal, but does not seem to have recorded any finding that he allowed Chimanlal to do so dishonestly or fraudulently which are essential ingredients for constituting an...consecutive. It had to be considered by the High Court whether the award of such a sentence was legally correct. In the circumstances, the order of summary dismissal by the High Court was clearly...

...or concurrently depending upon the facts and circumstances of each case. Hon'ble the Supreme Court in V.K. Bansal's case (supra) has held that there is no fixed formula for directing concurrent or consecutive running of sentences; the.... (iii) the conviction, therefore, arises from a single transaction, and imposing consecutive sentences would be harsh and disproportionate. 7. In...(hereinafter referred to as the 'N.I. Act'). The limited relief sought by the petitioner is that the sentences imposed in these cases should run concurrently rather than consecutively...

...at the total sentence to be undergone. That is so because consecutive sentences are to run one after the other. In the case of concurrent sentences all the aforesaid remainders or balances of the...simultaneously or at different times. Some further observations are contained in para 13 of the judgment which reads as under:“If the sentences awarded on conviction are to run concurrently...difference in respect of sentences directed to run consecutively is that after the pre-conviction period is deducted from every period of sentence, remainders or balances are to be added together to arrive...

...sentencing. The sentencing court is, therefore, required to consider and make an appropriate order as to how the sentence passed in the subsequent case is to run. Whether it should be concurrent or consecutive?The basic rule of thumb over the years has been the so called single transaction rule for concurrent sentences. If...generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences.”It is not out of place to observe here that the petitioner had opted to file..., 2013.I am of the considered opinion that if the petitioner is required to undergo consecutive sentences, he will have to spend 6 years in jail. It will be significantly harsh in case...

...for sentencing. The sentencing Court is, therefore, required to consider and make an appropriate order as to how the sentence passed in the subsequent case is to run. Whether it should be concurrent or consecutive?The basic rule of thumb over the years has been the so-called single transaction rule for concurrent sentences. If...enactments generally, it is wrong to have consecutive sentences. It is proper and legitimate to have concurrent sentences.”13. No doubt the Apex Court in Mohd. Akhtar Hussain alias Ibrahim Ahmed Bhatti's case (supra), observed that provisions of Section 427 CrPC, are not applicable if the transaction relating to offences is not the same or the..., observed :“We would emphasize that in the end, whether the sentences are made consecutive or concurrent the sentencing judge should try to ensure that the totality of the sentences is...

...that since it is obligatory on the part of the Courts while imposing multiple sentences to specify as to whether the sentences should be concurrent or consecutive and since the case-law is to the effect that in the absence of such a direction, that it shall be presumed that the Court intended that the sentences be...in the same or several cases, to specify as to whether the sentences should run concurrently or consecutively and it is obvious that this was an error on the part of each of the Courts concerned. The...consecutive, this Court hereby directs that the sentences in the eleven cases shall run...