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Guest (n/a)     06 January 2009

How two punishments awarded by courts to the same person be implemented at the same time?

This is a doubt and question regarding legal matters. No legal advice is necessary. Just a clarification.. A Mumbai court in INDIA gave 2 punishments to one person ( 1.Life imprisonment for murder and 2. Five years imprisonment for a grave offence) The court directed that the 2 punishments be implemented same time. My doubt is when he is undergoing life imprisonment, how the 5 years imprisonment can be implemented? When it can not be implemented what is the rationale in awarding a second punishment. Any legal experts are welcome to clarify this doubt. Thank you.


 3 Replies

sanjeev murthy desai (Advocate)     06 January 2009

Mr. Chris (Guest)


Thereis no court order two punishments  implemented in same time. Please verify the order sheet  of the  Hon'ble Court  of Bombay.


sanjeev desai


 


 


 

Guest (Guest)     07 January 2009

Yes, often the courts award two punishments and the order says "run concurrently".  That menas,one period of imprisonment merges into other period of imprisonment.  For example, if a person is sentenced for a life imprisonment and 5 years rigorous imprisonment and both the imprisonments run concurrently, the first five years of imprisonment is in discharge of both the punishments and after five years also he will not be let free because he has to undergo life imprisonment.  Now, in this case, in the appeal, he may be acquitted of the offence for which life imprisonment was awarded and in that case, he has to be in the jail for 5 years only.  In the appeal if he will be acaquitted of the offence for which 5 years imprisonment is there and is upheld of the conviction of life imprisonment, then there is no change in his imprisonment because he has to live for life time in the prison.


Prabhakar (M) 9958670740


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with both of my Ld. friends.


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