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Jainta Kumar Banerjee Vs. the State

Jainta Kumar Banerjee vs The State

Type Court Judgment Court Kolkata Decided May 05, 1955
~2 min read
https://sooperkanoon.com/case/872999

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Citation
Court
Kolkata High Court
Judge
Decided On
Case Number
Criminal Revn. No. 300 of 1955
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1898 - Section 561A

Parties & Advocates

Appellant / Petitioner

Jainta Kumar Banerjee

Respondent

The State

Advocate N.K. Sen, Adv.

Legal References

Reported In
AIR1955Cal632,1955CriLJ1584

Excerpt

- 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.

Full 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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