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Jain Legal Chambers
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Background

Multiple criminal cases were filed against the accused based on a single FIR registered for forgery, cheating, and conspiracy involving the operation of a fake educational institute. Although the prosecution presented separate challans, all cases stemmed from identical facts and witnesses. The trial court convicted the accused under Sections 420, 468, 471, and 120B IPC, awarding separate sentences for each offence.

Appeal and Arguments

On appeal, the accused did not challenge his conviction but sought relief regarding the sentence. He argued that since all charges arose from the same FIR and related to a single transaction, the sentences should run concurrently under Section 427 of the Code of Criminal Procedure, 1973. He cited precedents from the Supreme Court and High Courts supporting concurrent sentencing in cases originating from one incident.

Court’s Observations

The Court noted that Section 427 CrPC allows judicial discretion for sentences from multiple offences to run concurrently when they arise from the same transaction. Citing Mohd. Akhtar Hussain v. Asst. Collector of Customs and V.K. Bansal v. State of Haryana, the Court reiterated that concurrent sentences are the norm for offences linked to one event, while consecutive sentences apply to separate, unrelated incidents.

Judgment

Recognizing that all cases were based on the same FIR and identical allegations, the Court ordered the sentences in two challans to run concurrently with the first. The decision balanced justice with practicality, emphasizing that cumulative punishment for a single act would be excessive.