P.N. MOHANAN NAIR Versus STATE OF KERALA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 1102-1104 of 2017, Judgment Date: Jul 11, 2017

• The short question of law for consideration is, if the offences essentially constitute a single transaction, but have been split up by the prosecution into three separate cases, will the sentences imposed individually, run concurrently or consecutively?
• Suffice it to observe that in the facts of the case, the exercise of discretion under Section 427(1) Code of Criminal Procedure, mandates that the substantive sentences imposed upon the appellant in the three separate prosecutions, are directed to run concurrently,except the default sentence, if the fine by way of compensation as imposed has not been paid by him.

P.N. MOHANAN NAIR Versus STATE OF KERALA