JAYANTILAL LAVJI KARA SHAH v. R (1968) HCD 328

JAYANTILAL LAVJI KARA SHAH v. R (1968) HCD 328

Held: (1) All of the counts refer to a single transaction, and consecutive terms of imprisonment should not have been imposed. “In such cases, the best method of sentencing is to arrive at an appropriate punishment for the entire transaction and award concurrent terms to meet each separate count, taking into consideration the maximum punishment fixed for each by law.” 

(2) The jurisdiction of the Senior Resident Magistrate is limited to passing a sentence of imprisonment for a term not exceeding three years for any single offence. Sitting on appeal, the High court cannot pass a sentence higher than that which the trial magistrate could have passed. Although the term of four years’ imprisonment is not in itself excessive, the imposition of concurrent terms of imprisonment will result in a total term of imprisonment of three years. Sentences ordered to run concurrently.