Court held that lower courts erred in directing consecutive sentences when community of time, place, person, and commodity existed. Revision allowed; impugned order regarding consecutive sentences set aside; all sentences to run concurrently.
Impugned order regarding consecutive sentences set aside; all sentences directed to run concurrently.
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Court No. - 49
Case :- CRIMINAL REVISION DEFECTIVE No. - 393 of 2018
Revisionist :- Shahid Iqbal Bhatti Opposite Party :- State of U.P. Counsel for Revisionist :- From Jail, ,Kanchan Chaudhary,Pradeep Kumar Mishra (A.C),Vijay Pratap Singh Counsel for Opposite Party :- A.G.A.
Hon'ble Vivek Agarwal,J.
Order Date :- 15.9.2021 S.K.S.
2 issues framed by the court
Whether the conviction was properly sentenced to concurrent sentences to be concurrently served instead of being consecutively served as no community of time, place, person, and commodity exists.
Whether the lower courts overlooked the provisions contained in Section 71 IPC while directing sentences to run consecutively when community of time, place, person, and commodity exists.
5 provisions across 4 enactments
Shahid Iqbal Bhatti
State of U.P.
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
