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Supreme Court of India · 20/09/2018

SHARAD HIRU KOLAMBE versus STATE OF MAHARASHTRA AND OTHERS

[2018] 11 S.C.R. 720 · 2018 INSC 852

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Summary

The Supreme Court rejected concurrent running of multiple default-imprisonment terms but reduced their duration in view of the appellant’s financial circumstances. Default imprisonment was distinct from substantive punishment, and the statutory power to make substantive sentences concurrent did not extend to default terms. The fines remained ₹4,000 across four IPC counts and ₹15 lakh across three MCOCA counts. Default terms were reduced to one month for each IPC count and one year for each MCOCA count, aggregating three years and four months. The judgment was to be sent immediately to the jail.

Issues

  1. Whether imprisonment imposed for default in paying separate fines could run concurrently inter se.
  2. Whether the appellant’s financial circumstances justified reducing fines or default terms.

Provisions considered

Held

Result

Appeal allowed to reduce default imprisonment to an aggregate three years and four months. Total fines of ₹15,04,000 retained; concurrent default terms refused. Judgment to be transmitted immediately to the jail.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 720.