LAW FOR ALL

whether the case of the appellant is a fit case for exercising the discretion in directing the sentence of imprisonment to run concurrently with the sentence of imprisonment imposed in the earlier case ? Since the appellant was already undergoing imprisonment in FIR No.64/2011, in terms of Section 427 Crl.P.C., subsequent sentences shall run consecutively until and unless the court specifically directs that they shall run concurrently. The appellant has already undergone 10 years of imprisonment for conviction in FIR No.64/2011. The appellant is currently undergoing imprisonment for conviction in FIR No.67/2011 out of which he has already undergone 01 year 06 months and 16 days as of 29.01.2020 . If the appellant is to undergo the sentences consecutively, the appellant has to undergo another about five years plus four years of imprisonment for the conviction in FIR No.263/2009. Pursuant to the order dated 13.12.2019, the Probation Officer, Department of Social Welfare, Govt. of NCT of Delhi had sent the report dated 10.01.2020 stating the family background and also that there is ample scope of improvement in the behaviour of the appellant and that he may be given a chance for reformation and reintegration with the family and the society. As per the report filed by the Probation officer dated 10.01.2020, on visiting the residential address of the appellant, it was found that his family is very poor and residing in a 50 yard house for the last 20 years. The father of the appellant is 11 58 years old, having ill health and the only bread winner in the family, was working as carpenter. The mother of the appellant was suffering from cancer and was not able to take treatment due to the poor economic condition. The father of the appellant submitted that the appellant was helping in his work before conviction. The elder sister of the appellant is married, but since the last one and a half year, she has been living in her maternal house due to domestic violence in her in-laws’ house. On enquiring from neighbours, they reported in favour of the appellant and his family. The family of the appellant expressed positive attitude to be reunited with the appellant and desired to live a normal social life. The appellant has full acceptance of his family and the appellant has also shown keen interest and willingness to re-unite with them. Considering the report of the Probation Officer, illness of the mother of the appellant, his family background, facts and circumstances of the case and in the interest of justice, in our view, this is a fit case for exercising discretion in directing the sentence of imprisonment to run concurrently. Since the appellant has a poor economic background, fine amount of Rs.10,000/- imposed on him each in FIR No.67/2011 and FIR No.263/2009 are set aside and therefore, the appellant need not to undergo default sentence of 12 imprisonment. This order to run the sentence of imprisonment concurrently has been made in the peculiar facts and circumstances of the case and the illness of the appellant’s mother and hence, the same may not be quoted as precedent in other cases