The Hon’ble bench comprising Hon’ble Justice Uday Umesh Lalit and Hon’ble Justice Ajay Rastogi observed that “the stipulation of imprisonment for a period of 10 years after the imprisonment for life is undergone would be against the law laid down by this Court in Muthuramalingam v State.”
In the instant case, the appellant herein is charged under different provisions of the Indian Penal Code, Arms Act and Explosive substances act wherein the trial court awarded life sentence on three counts and a sentence of 10 years each on five counts, out of which it was only the sentence in respect of the offence punishable under Section 5(b) of the Explosive Substances Act, 1908, where imprisonment of 10years is imposed was it ordered that said imprisonment to be undergone consequent to concurrent imprisonment of Other imprisonments. Adding to this, the said order and judgment were affirmed by the high court of Karnataka.
Subsequently, concerned by the decision of the trial court the special leave petition is filed by the appellant herein.
Needful to mention, relying on the decision of the Hon’ble supreme court in Muthuramalingam v. State the learned counsel for the appellant contended that “order of sentence to undergo 10years of imprisonment would commence at the expiration of sentence of life imprisonment is incorrect.”
