IN THE SUPREME COURT OF INDIA     CRIMINAL APPELLATE JURISDICTION

           CRIMINAL  APPEAL No.1068     OF  2009

                [Arising out of SLP(Crl.) No.1686  of 2009]

   AHSAAN                              

...   Appellant(s)

                     Versus    STATE OF DELHI TR.MOTI NAGAR POLICE STN. ...  Respondent(s)

O R D E R  

1 Delay condoned.

2 Leave granted.

3 The appellant was convicted in respect of two separate incidents.  

In one Sessions Trial, he was convicted and sentenced under Sections 395, 396  

and 397,  I.P.C.  against  which an appeal  was  preferred,  being  Crl.A.40/2003,  

which was dismissed.  The special leave petition filed against the said decision of  

the High Court was also dismissed.

4 In connection with the other incident in Sessions Case 11 of 1999,  

the appellant was convicted under  Sections  393  and  397  read  with  34   IPC  

and  

SR686/09 -2-

separately sentenced to undergo  5 years  imprisonment for the offences under  

Section 392 and 10 years for the offence under Section 397.

5    The present appeal is directed against the judgement and order of the  

Delhi High Court in connection with Criminal Appeal No.823 of 2001, arising  

out of the Sessions Case 11/99.

6    In the present case, the question which has arisen is with regard to the  

directions given by the High Court that the sentence in this appeal would start  

operating once the sentence in Crl.Appeal 40/03 came to an end.  The said order  

has been passed keeping in mind the provisions of Section 427 of the Code of  

Criminal Procedure.

7 Having heard learned counsel for the respective parties and having  

further  regard  to  the  discretion  which  has  been  vested  in  the  Court  under  

Section 427 Cr.P.C. to direct the sentence to run concurrently, if found fit, we  

modify the order passed by the High Court in Criminal Appeal No.823 of 2001  

and direct that all the sentences in both the appeals shall run concurrently.

sr1686/09 -3-   

8            The appeal is disposed of.   

                                            ...................J.

                         (ALTAMAS KABIR)  

                    ...................J.                                (CYRIAC JOSEPH)     New Delhi,

    May 14, 2009.