Whether Default Sentences For Not Paying Fines, Can Be Directed To Run Concurrently?

DUMYA ALIAS LAKHAN ALIAS INAMDAR,ETC.. VERSUS STATE OF MAHARASHTRA (2021,SC)(2 Judge Bench)

(HON’BLE MR. JUSTICE UDAY UMESH LALIT and HON’BLE MR. JUSTICE AJAY RASTOGI)

Facts:-

Trial Court convicted the accused persons for certain offences and sentenced them to suffer Rigorous Imprisonment for certain years each and pay fines for each offence, in default in paying fines to suffer further Rigorous Imprisonment for certain years each. But directed that default sentences, for not paying fines, to be run concurrently. Appellants filed the appeal in High court against the said order which was dismissed. Hence present appeal.

Issue:-

Whether default sentences for not paying fines, can be directed to run concurrently?

Held:-

In terms of the decision taken by Apex Court in Sharad Hiru Kilambe vs. State of Maharashtra & Ors. (2018, SC), the default sentence cannot be directed to run concurrently.