SUNIL KUMAR @ SUDHIR KUMAR & ANR. versus THE STATE OF UTTAR PRADESH

SUNIL KUMAR @ SUDHIR KUMAR & ANR. versus THE STATE OF UTTAR PRADESH

The trial court and the High Court erred in omitting to specify whether multiple sentences would run concurrently or consecutively and, where consecutive running is intended, the sequence; omission does not convert sentences to concurrent; however, in the peculiar facts (offences committed in 2008, appellants having served about 13 years 2 months and no adverse conduct shown) the Court in exercise of Article 142 limited the maximum period of imprisonment to 14 years as adequate relief while leaving fine and default stipulations intact.

Parties
Appellant: Sunil Kumar @ Sudhir Kumar; Appellant: Faimuddin @ Feru @ Sonu; Respondent: The State of Uttar Pradesh
Jurisdiction
India
Judgment Date
25 May 2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Sentence (appeal Partly Allowed)
Outcome
Appeal partly allowed
Legal Topics
Concurrent Sentences, Consecutive Sentences, Section 31(1) Cr PC, Single Transaction Principle, Section 220 Cr PC, Article 142 Constitution of India
Criminal Law Sentencing Concurrent Sentences Consecutive Sentences Section 31(1) Cr PC Single Transaction Principle Section 220 Cr PC Article 142 Constitution of India

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Parties

Sunil Kumar @ Sudhir Kumar

Appellant

Faimuddin @ Feru @ Sonu

Appellant

The State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Sentence (appeal Partly Allowed)

Legal Issues

  1. 1 Whether the trial court was obliged to specify whether multiple sentences run concurrently or consecutively
  2. 2 Whether omission to specify order of consecutive sentences permits treating them as concurrent
  3. 3 Whether the single transaction principle (s.220 CrPC) requires concurrent sentences in this case

Ratio Decidendi

The trial court and the High Court erred in omitting to specify whether multiple sentences would run concurrently or consecutively and, where consecutive running is intended, the sequence; omission does not convert sentences to concurrent; however, in the peculiar facts (offences committed in 2008, appellants having served about 13 years 2 months and no adverse conduct shown) the Court in exercise of Article 142 limited the maximum period of imprisonment to 14 years as adequate relief while leaving fine and default stipulations intact.

Court Disposition

Appeal partly allowed

Orders

  • In exercise of powers under Article 142 of the Constitution, maximum period of imprisonment to be served by the appellants in relation to the offences in question shall be 14 years and not beyond.
  • Fine and default stipulations as applicable to appellant No.1 (as per High Court order) and to appellant No.2 (as per Trial Court order) shall remain intact.