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Section 445: Consecutive running of two separate sentences

The Rajasthan Prisons Rules, 2022State Rules of Rajasthan · 1894

When separate sentences have been passed in separate trial and the sentences run consecutively under section 427 of the Code of Criminal Procedure Code, 1973 (Central Act No. 2 of 1974), the operation of the second sentence will, in the event of the first sentence being set aside on appeal, shall commence from the date of conviction in the second case.

Illustration:

(i) A prisoner is sentenced on the 1st July to two periods of six months' imprisonment for two offences. On appeal the first sentence is quashed on the 31st August the prisoner will be entitled to be release on the 31st December.

(ii) A prisoner is sentenced on the 1st July to six month's imprisonment and on the 1st August to another period of six months imprisonment. On appeal the first sentence is quashed on the 31st August. The prisoner shall be entitled to be released on the 31st January.

Where this provision sits

ActThe Rajasthan Prisons Rules, 2022
Section445
Marginal noteConsecutive running of two separate sentences
JurisdictionState of Rajasthan
StatusIn force as published by the source

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