Madras High Court

CRL OP(MD)/21287/2026 of S.Raja Vs The Superintendent of Prison on 15 October 2026

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CRL OP(MD) No. 21287 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 15-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 21287 of 2026

CNR:{HCMD011050412026}

1. S.Raja

S/o.Sekar,

PID No.295710,

(Now confined at Central Prison,

Trichy)

2. Pandiyarajan

S/o.Annadurai,

PIC No.23829,

(Now Confined at Central Prison,

Trichy)

...Petitioners/

detenues

Vs

The State Represented by its;

1. The Superintendent of Prison

Central Prison,

Trichy.Trichy - 625 016.

2. The Inspector of Police,

Thillainagar Police Station,

Tiruchirappalli - 620 018.

(Crime No.310 of 2016)

3. The Inspector of Police,

Gandhimarket Police Station,

(Crime No.794 of 2017)

..Respondents

__________

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CRL OP(MD) No. 21287 of 2026

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to treat the sentences in Crl.A(MD) No.419 of 2021, by order of this Court dated 10.11.2023

revising the judgment in S.C.No.116 of 2017 by the learned II Additional District and Sessions Judge at Thiruchirappalli dated 17.08.2021 and Crl.A(MD) No.357 of 2023 by order of this Court dated 25.02.2026

against the S.C.No.59 of 2018 by the learned I Additional District and Sessions Judge (PCR), Tiruchirappalli, dated 22.08.2022 to run concurrently and pass such further or other orders as this Court may deem fit.

For Petitioners:

M/s S.Manoharan

For Respondents:

Mr.P.Samuel Gunasingh

Additional Public Prosecutor.

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ORDER

The present petition has been filed by two convicts lodged in Central Prison, Tiruchirappalli, in PID Nos.295710 and 23829 seeking a direction to the first respondent to treat the sentences in two criminal cases to run concurrently.

2. The petitioners herein were accused persons in S.C.No.116 of 2017 on the file of the learned II Additional District and Sessions Judge, Thiruchirappalli, wherein they were convicted with life imprisonment on 17.08.2021. The petitioners herein have preferred Criminal Appeal (MD) No.419 of 2021 before this Court and the same was confirmed on __________

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CRL OP(MD) No. 21287 of 2026 10.11.2023. The petitioners herein also accused in S.C.No.59 of 2018 on the file of the learned I Additional District and Sessions Judge (PCR), Tiruchirappalli, wherein they were acquitted on 22.08.2022. On an appeal filed by the State in Crl.A.(MD) No.357 of 2023 the order of acquittal was reversed and the petitioners were convicted and imposed with the punishment of life imprisonment along with other punishment on 25.02.2026.

3. The prayer of the petitioners is that both the sentences should be directed to run concurrently. The petitioners relies upon Section 467(2) of BNSS. Section 467 of BNSS (corresponding to Section 427 of Cr.P.C) which reads as follows:

467. Sentence on offender already sentenced for another offence:-

(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: __________

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CRL OP(MD) No. 21287 of 2026 Provided that where a person who has been sentenced to imprisonment by an order under Section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.”

4. In view of Section 467 (2) of BNSS, when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. In the present case, the petitioners have already been undergoing sentence of imprisonment for life in S.C.No.116 of 2017 as confirmed in Crl.A.(MD) No.419 of 2021 by this Court. While he was undergoing such a sentence, the petitioners have been subsequently convicted to imprisonment for life in Crl.A.(MD) No.357 of 2023 by this Court on 25.02.2026. In such view of the matter, the petitioners are entitled to the benefits under Section 467(2) BNSS. __________

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CRL OP(MD) No. 21287 of 2026

5. In view of the above said deliberations, there shall be a direction to the first respondent to treat the sentences in Crl.A(MD) No.419 of 2021 dated 10.11.2023 and Crl.A(MD) No.357 of 2023 dated 25.02.2026 concurrently.

6. With the above said observations, this Criminal Original Petition is allowed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EBSI To

1. The II Additional District and Sessions Judge, Thiruchirappalli.

2. The I Additional District and Sessions Judge (PCR), Tiruchirappalli.

3. The Superintendent of Prison Central Prison, Trichy.

4. The Inspector of Police, Thillainagar Police Station, Tiruchirappalli - 620 018. __________

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CRL OP(MD) No. 21287 of 2026

5. The Inspector of Police, Gandhimarket Police Station, Trichy - 620 008.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________

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CRL OP(MD) No. 21287 of 2026 R.VIJAYAKUMAR, J. EBSI CRL OP(MD) No. 21287 of 2026 15-10-2026 __________

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