Subsequent Sentence Must Run Concurrently With Life Imprisonment Under Section 427(2) CrPC; Continued Detention Illegal: Gujarat High Court
Safiya Malik
The High Court of Gujarat Single Bench of Justice M. R. Mengdey ordered the immediate release of a convict serving a life sentence for murder, who had been awarded an additional two-year imprisonment by the trial court for failing to surrender after the expiry of his temporary bail. The Court held that both the trial court and the appellate court had committed a grave error in directing the subsequent sentence to run consecutively, finding that under Section 427(2) of the CrPC, where a person already undergoing life imprisonment is convicted of a subsequent offence, the later sentence must mandatorily run concurrently with the earlier one, rendering any continued detention on that basis illegal.
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution seeking a direction that sentences imposed in a subsequent criminal case be ordered to run concurrently with a life sentence already being undergone. The petitioner had earlier been convicted for offences punishable under Sections 302 and 498A of the IPC and was sentenced to life imprisonment. During the period of incarceration, he was granted temporary bail for 30 days but failed to surrender upon expiry of the bail period.
Consequently, a separate offence under Section 51(B)(1) of the Prisons Act, 1960 was registered against him, resulting in conviction and a sentence of simple imprisonment for two years. The Magistrate directed that this sentence would commence after completion of the life sentence. The appellate court confirmed this order. Upon remission, the petitioner was released in respect of the life sentence but continued in custody due to the subsequent sentence. He contended that Section 427(2) of the CrPC mandated concurrent running of sentences.
The State opposed the plea, arguing that relief under Section 427 was discretionary and dependent on conduct.
The Court stated Section 427 of the CrPC and examined its applicability to the facts of the case. It observed, “From the facts referred to herein above, there is no doubt that the case of the petitioner would fall under Sub-Section 2 of the Section 427 and not under sub-section 1 of the Section 427 and sub-section 2 of the Section 427 makes the sentence imposed upon the person on a subsequent conviction to imprisonment for a term or imprisonment for life, who is already undergoing sentence of imprisonment of life; to run concurrently; mandatory.”
The Court further stated, “Therefore, neither learned trial Court nor the Appellate Court got any powers or discretion to order the sentence imposed upon the petitioner on subsequent conviction, to run after the imprisonment of life was over.”
Addressing the effect of the earlier orders, the Court recorded, “Therefore, the learned trial Court as well as the learned Appellate Court have committed grave error in ordering the sentence imposed upon the petitioner in subsequent conviction to run consecutively, in view of the provisions of Section 427(2) of the Cr.P.C.”
On the petitioner’s continued custody, the Court observed, “The detention of the petitioner in second offence after completion of punishment of life imprisonment becomes illegal.”
The Court also noted the factual position emerging from the jail record and recorded, “From the jail remarks of the petitioner produced on record, it appears that the petitioner has already completed all the sentence imposed upon him.”
The Court directed: “the present petition deserves to be allowed and the same is hereby allowed.” Since the petitioner had already completed the sentence imposed upon him, “he is ordered to be released forthwith. The Registry shall communicate this order to the concerned jail authority through E-mail immediately.”
Advocates Representing the Parties
For the Petitioner: Ms. K. D. Parmar, Advocate
For the Respondents: Mr. Meet Thakkar, Additional Public Prosecutor
Case Title: Ramjanbhai Hasambhai Khraj Versus State of Gujarat & Ors.
Neutral Citation: 2026: GUJHC:3451
Case Number: R/Special Criminal Application (Direction) No. 10324 of 2025
Bench: Justice M. R. Mengdey
