Lawstreet Journal

Sentences can be made concurrent only if offences arise out of a single transaction : Karnataka HC [READ ORDER]

Lawstreet Journal 30 Mar 2021 7:11pm

Image courtesy: Lawstreet Journal Judiciary Sentences can be made concurrent only if offences arise out of a single transaction : Karnataka HC [READ ORDER]

The Karnataka High Court has recently held that only substantive sentences can be made as concurrent if it is of a single transaction. In case, the transaction is different, the said concession cannot be given to the accused. Additionally, In case of default sentences, an order of concurrent sentences cannot be entertained.

Justice H P Sandesh while dismissing a petition said, "I would like to make it clear that the default sentences cannot be made as concurrent and the same should run consecutively in respect of the substantive sentence is concerned”, the court contended to having to look into each case material before the Court whether the transactions are arising out of same transaction or different transaction.

After hearing both the petitioner’s as well as complainant's side and further placing precedent on the Supreme court judgments of State of Punjab v. Madan Lal reported in AIR 2009 SC (Supp) 2836. Supreme Court order in the case of V.K. Bansal v. State of Haryana, the bench said, "Considering the principles laid down in the judgments referred supra, it is clear that if it is single transaction, then, the petitioner is entitled for the order to run the sentence concurrently, if it is not a single transaction, different and independent transaction, then, the petitioner is not entitled for the benefit."

Furthermore, through the judgments cited the court observed, "In view of the principles laid down in the judgments referred supra, it is clear that only the substantive sentences can be made as concurrent if it… Continue Reading...


Tagged: Karnataka high court  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com