Slapped with two 2-year jail terms, convict gets relief from High Court

One Eswaran alias Kotteswaran was convicted by the Judicial Magistrate, Sathyamangalam, by a judgment dated March 21, 2017, under Sections 454 and 380 IPC, which deal with house breaking and theft, and sentenced him to undergo two years’ imprisonment.

On the same day, Eswaran was sentenced by the same Judicial Magistrate to undergo two years imprisonment in another such case. When a clarification was sought as to whether the punishment would run concurrently, the Judicial Magistrate on October 25, 2017, directed him to undergo the sentences in each case one after the other. Challenging this, Eswaran moved the High Court through a criminal original petition.

Citing judgements by the Supreme Court and High Court that the sentence of imprisonment passed on subsequent cases for the offences of the same nature shall run concurrently, Justice GK Ilanthirayan said, “It is clear that this court can exercise its jurisdiction under Section 482 of CrPC and issue direction that the sentence imposed in the latter case on conviction to run concurrently to the sentence imposed in the former case. Further, it is seen that the sentence and conviction are imposed by the same court – the Judicial Magistrate, Sathiyamangalam.”

The judge said he was of the considered view that the petitioner must be given opportunity to lead a new life. “The petitioner is not a habitual offender and he did not commit any other offences similar to those cases.

Further, he was convicted and sentenced for two years’imprisonment. Considering the facts and circumstances of the case, the sentenced imposed on the petitioner in the two cases on the file of the Judicial Magistrate, Sathiyamangalam, shall run concurrently,”the judge ruled.