Abdul Khalek Vs. Emperor

Abdul Khalek vs Emperor

Type Court Judgment Court Kolkata Decided May 31, 1912

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Citation: sooperkanoon.com/881762
Court: Kolkata
Judge: Holmwood and ;Imam, JJ.
Decided On: May 31, 1912
Subject: Criminal

Case Summary

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

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. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Abdul Khalek

Respondent

Emperor

Legal References

Reported In: 17Ind.Cas.813

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.

Full 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.

Same Parties Abdul Khalek vs Emperor Same Subject Criminal Same Judge Holmwood and ;Imam, JJ.

Criminal