NDLI: Sharad Hiru Kolambe Vs. State of Maharashtra and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sentence/Sentencing:Default sentence – Nature of – Appellant-accused convictedu/ss. 364A, 395, 397 and 387 of IPC and u/ss.3(1)(ii), 3(2) and3(4) of Maharashtra Control of Organised Crime Act (MCOCA),1999 – Alongwith sentence of imprisonment, he was imposed a fineof Rs.15,04,000/- under various counts of punishment – Defaultsentence was cumulatively 10 years – State Government in exerciseof power u/ss. 432 and 433 Cr.P.C., directed release of the appellant accusedon completion of 14 years of actual sentence – Since theaccused did not pay the fine amount, was undergoing sentence indefault – Plea either to direct the default sentence to runconcurrently or to reduce the default sentence to the one alreadyundergone – Held: In view of provisions under ss. 63 and 64 ofIPC and under ss. 30, 429 and 428 Cr.P.C., default sentence is inaddition to the substantive sentence and hence both the sentencescannot be merged or allowed to run concurrently – In case ofsubstantive sentences court has discretion to decide whether it wouldrun concurrently or substantively – However, such discretion is notavailable in case of default sentence – Default sentence also cannotbe directed to run concurrently inter se – However, considering thefinancial condition of the appellant-accused, quantum of defaultsentence needs sympathetic consideration – There is nothing wrongwith fine amount imposed – However, imposition of default sentenceis on a higher scale – Therefore, the default sentence on the fourcounts of offences under IPC are reduced on one month each i.e.four months – The default sentence on the three counts of offencesunder MCOCA are reduced from three years each to one year each– Resultantly default sentence would be three years four months inaggregate – Penal Code, 1860 – ss. 63 & 64 and ss.364(A), 395, 397 and 387 – Code of Criminal Procedure, 1973 – ss. 30, 31, 421,427, 428 and 429 – Maharashtra Control of Organised Crime Act,1999 – ss. 3(1)(ii), 3(2) and 3(4).Code of Criminal Procedure, 1973:ss.31 and 427 – Consecutive and concurrent running ofsentences – Held: Normal rule is that punishment would commenceone after the expiration of the other – ss. 31 and 427 providesdiscretion to the Court to specify whether the substantive sentencesshould run concurrently or consecutively – Sentence/Sentencing.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2018 INSC 852
Petitioner	Sharad Hiru Kolambe
Respondent	State Of Maharashtra And Others
SCR	[2018] 11 S.C.R. 720
Judgement Date	2018-09-20
Case Number	1209

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