VidhiSangh

Supreme Court of India · 16/12/2022

IQRAM versus THE STATE OF UTTAR PRADESH & ORS

[2022] 16 S.C.R. 51 · 2022 INSC 1295

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Summary

The appellant pleaded guilty under a plea bargain in nine sessions trials for theft of electricity equipment. On the same day he was sentenced in each case to two years' simple imprisonment under Section 136 of the Electricity Act. The trial court set off his undertrial custody but gave no direction under Section 427(1) CrPC. The jail authorities treated the sentences as consecutive, a total of 18 years, and the Allahabad High Court refused habeas corpus relief. The Supreme Court held that this was a serious miscarriage of justice which the High Court should have corrected under Article 226. It directed that all nine sentences run concurrently.

Issues

  1. Whether, where nine sentences of two years each were imposed on the same day after plea bargaining and the trial court gave no direction under Section 427(1) CrPC, the appellant should be left to serve them consecutively for 18 years, and whether the High Court should have intervened under Article 226.

Provisions considered

Held

Result

Criminal Appeal No. 2319 of 2022 allowed; the Allahabad High Court judgment dated 24.03.2022 in Habeas Corpus Writ Petition No. 460 of 2021 set aside; the sentences in the nine sessions trials directed to run concurrently and the jail authorities to act immediately on production of a certified copy.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 51.