Law: Criminal Procedure Code (V of 1898)

Section: 397,561-A

Law: Pakistan Penal Code, 1860

Section: 420,468,471

(a) Criminal Procedure Code (V of 1898)--- ----S. 397---Phrase "when a person undergoing a sentence"---Scope---Use of the phrase in S.397, Cr.P.C. has left nothing ambiguous that provision of S.397 is speaking only about such matter where an accused though undergoing a sentence yet appearing before a court of law in other case or trial. (b) Criminal Procedure Code (V of 1898)--- ----S. 397---Sentence of offender already sentenced for another offence---Scope---One basic concept of punishment is reformation, therefore, court trying 'a person undergoing a sentence" has been vested with a discretion that such court can competently and legally change such order of running of sentences---Even a subsequently awarded sentence for imprisonment can be ordered to run concurrently with that sentence of imprisonment which a person is already undergoing. (c) Criminal Procedure Code (V of 1898)--- ----S. 397---Term "Court"---Scope---Use of word "Court" itself confines that it would be the "Court" trying convict of other crime as an accused for other trial/charge---In appeal whole case becomes open, therefore, the word "Court" also includes Appellate Court and even Revisional Court where subsequent sentence is challenged. Bashir v. State PLD 1991 SC 1145 rel. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 397 & 561-A---Penal Code (XLV of 1860), Ss.420, 468 & 471---Cheating, forgery and using forged documents---Concurrently running of sentences---Accused was convicted in four different cases and sentenced separately---Accused raised the plea that under S.397, Cr.P.C. sentences in four cases through different trials should have been directed to run concurrently---Validity---Accused failed to show that all four charges (offences) were akin to each other or were intimately connected with each other---On the other hand involvement of accused in similar nature of offence, committed at different times with different people, showed attitude of accused towards right of the individuals---Accused was found guilty of offences involving rights of individuals wherein they were deprived or attempted to be deprived of their properties---Accused failed to bring his case with the…

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