38.6c New Delhi, India, Thursday, June 13, 2024
Judiciary

Inherent powers of High Court can be invoked even if Trial Court has not exercised discretion u/s 427(1) CrPC: Bombay HC [Read Judgment]

By Rintu Mariam      18 December, 2023 03:35 PM      0 Comments
Inherent powers of High Court can be invoked even if Trial Court has not exercised  discretion u/s 427(1) CrPC : Bombay High Court [Read Judgment]

MUMBAI: The Bombay High Court has recently reiterated that the inherent powers of the High Court are not fettered by Section 427 (1) of the Code of Criminal Procedure (CrPC). The inherent powers of the High Court can be invoked even if the Trial Court has not exercised discretion under Section 427 (1) of the CrPC. 

Section 427 deals with concurrent running of sentences. 

“The inherent power of the High Court are not fettered by the section 427(1) of the Cr.P.C. Merely because appeal is not preferred by the petitioner, his right as per Section 427 of Cr.P.C. cannot be ignored or taken away. Thus, this Court has power to consider the prayers of the petitioner under Section 482 of Cr.P.C,” a Bench of Justices Sanjay A Deshmukh and RG Avachat ruled.

In this case, the petitioner is convicted in a criminal case by Chief Judicial Magistrate, Dhule and was sentenced to suffer regular imprisonment for three years and to pay fine of Rs. 5000. He was also convicted in another criminal case by the same judge and was sentenced to suffer regular imprisonment for three years. 

The petitioner submitted that the Chief Judicial Magistrate, Dhule though decided two cases, did not invoke Section 427 (1) of CrPC and failed to direct to run the said sentences concurrently in these cases.

The Additional Public Prosecutor strongly opposed the writ petition and contended that fine amount had not been paid by the petitioner. Therefore, he has to undergo the default sentence for not paying fine amount. He submitted that the petitioner had not preferred any appeal against the said conviction and so, the court can’t grant any relief. 

The Court noted that the set off for the period undergone by the petitioner is 1370 days, which appears from the judgments of conviction.

Relying on Shersingh Vs State of M.P, the Court held that inherent powers of the High Court can be invoked under section 482 of the Criminal Procedure Code even if the trial Court or revision or appellate Court has not exercised its discretion under section 427(1) of the Cr.P.C.

The petitioner has been in jail near about for 1945 days from the date of arrest. The set off is granted to him under Section 428 of Cr.P.C. He has almost completed more than five years in jail. For default in payment of fine also he cannot be kept behind bar which covers in set off period, the Court stated. 

“The respondent No. 2 and Chief Judicial Magistrate, Dhule ought to have considered that application submitted to them for concurrent running of sentence in its proper perspective. The learned Chief Judicial Magistrate, Dhule failed to consider section 427 of Cr.P.C. in its proper perspective and also failed to exercise the discretion in favour of the petitioner. It failed to invoke Section 427 of Cr.P.C. in favour of the petitioner. This power has to be exercised by the trial Courts in appropriate cases like this,” the Court said before allowing the petitioner’s plea and allowing for the sentences to run concurrently.

The Court also directed Rs.10,000/- to be paid by the High Court Legal Services Sub Committee, Aurangabad to the petitioner’s advocate.

[Read Judgment]



Share this article:



Leave a feedback about this
Related Posts
View All

Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release Kedarnath Movie: Bombay High Court Dismisses PIL To Stay Release

The Bombay High Court on December 6, 2018, dismissed a petition filed against upcoming movie Kedarnath seeking a direction to stay the release of the movie

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order] Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband [Read Order]

Husband Can Also Claim Alimony/Maintenance From Wife: Bombay High Court Orders Woman To Pay Alimony To Ex-Husband || "It is open for the court to decide the application filed by the husband under Section 25 of the 1955 Act, seeking monthly maintenance, by way of final proceedings, pending which, the application for interim maintenance filed under Section 24 of the Act of 1955, has been rightly entertained by the learned Judge and the husband has been held entitled to interim maintenance while the proceedings under Section 25 are pending," she noted.

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief

Maharashtra Cabinet Minister Nawab Malik Approaches Supreme Court Against ED Arrest After Bombay High Court Refuses Relief || "There is something or the other going against every leader of the NCP, Congress and Shiv Sena... Prime Minister Narendra Modi has one thing in mind: he wants BJP rule from Kashmir to Kanyakumari, irrespective of the wishes of the people," Pawar said.

Salman Khan Approaches Bombay High Court Challenging Summons By  Lower Court Against Complaint of a Journalist Salman Khan Approaches Bombay High Court Challenging Summons By Lower Court Against Complaint of a Journalist

The magistrate court issues the process if it finds prima facie substance in the allegations made in the complaint. Once the process is issued, the accused persons have to appear before the court.

TRENDING NEWS

bjp-workers-stabbed-near-village-masjid-for-celebrating-pm-narendra-modis-victory-by-raising-bharat-mata-ki-jai-slogan
Trending Crime, Police And Law
BJP workers stabbed near village Masjid, for celebrating PM Narendra Modi's victory by raising 'Bharat Mata ki Jai slogan'

BJP workers stabbed near village Masjid in Karnataka for celebrating Narendra Modi's third term as PM.

12 June, 2024 12:11 PM
allahabad-high-court-quashes-fir-grants-protection-to-adult-couple-who-married-against-familys-wishes
Trending Judiciary
Allahabad High Court quashes FIR, grants protection to adult couple who married against family’s wishes [Read Order]

Allahabad High Court quashes FIR, protects couple who married against family’s wishes, emphasizing their constitutional rights and condemning threats to their lives.

12 June, 2024 02:00 PM

TOP STORIES

threat-of-false-rape-allegations-constitutes-abetment-of-suicide-madhya-pradesh-hc
Trending Judiciary
Threat of false rape allegations constitutes abetment of suicide: Madhya Pradesh HC [Read Order]

Madhya Pradesh High Court rules that threats of false rape allegations amount to abetment of suicide, dismissing petition to quash related criminal proceedings.

07 June, 2024 12:06 PM
food-safety-commissioner-cracks-down-on-blinkit-warehouse-violations-seizes-expired-products
Trending Business
Food Safety Commissioner Cracks Down on Blinkit Warehouse Violations, Seizes Expired Products

Food Safety Commissioner seizes expired products at Blinkit warehouse in Telangana. Violations include disorganization, hygiene issues, and lack of compliance.

07 June, 2024 01:21 PM
engineer-rashid-seeks-interim-bail-to-take-oath-as-mp-after-2024-lok-sabha-polls-victory-amidst-nia-charges
Trending Political NEWS
Engineer Rashid Seeks Interim Bail to Take Oath as MP After 2024 Lok Sabha Polls Victory Amidst NIA Charges

Engineer Rashid seeks interim bail to take oath as MP after winning the 2024 Lok Sabha polls, amidst NIA charges and detention in Tihar Jail since 2019.

07 June, 2024 02:53 PM
calcutta-high-court-seeks-response-from-nta-on-alleged-irregularities-in-neet-ug-2024
Trending Judiciary
Calcutta High Court Seeks Response from NTA on Alleged Irregularities in NEET (UG) 2024 [Read Order]

Calcutta HC directs NTA to explain NEET (UG) 2024 marking and reservation policies following allegations of irregularities. Hearing set for two weeks.

07 June, 2024 03:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email