Law: Criminal Procedure Code (V of 1898)

Section: 397

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 397--Scope--Concurrent running of sentence--Power of Court--Validity--It contemplates that sentence awarded to a person in a subsequent trial would commence at expiration of imprisonment for which he had been previously sentenced, however discretion has been left with Court to direct concurrent running of sentence awarded in a subsequent trial. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 397--Scope--Concurrent sentence--Discretionary powers of Court--Duty of Court--Validity--It ought to be made at time of deciding case or appeal and if for any reason or due to some inadvertent omission, direction could not be issued at time, there is no embargo that same could not be passed after ward--The Court can exercise discretionary power any time to direct that sentences in two different trials would run concurrently--Petition was accepted. 2016 SCMR 467, ref. ORDER As a result of trial in private complaint case titled "Riaz ul Haq v. Muhammad Akram etc. " as well as State case F.I.R. No. 643 dated 30.11.2004 of Police Station Farid Town, Sahiwal Muhammad Afzal, petitioner was convicted under Section 302(b), P.P.C. by the learned Sessions Judge, Sahiwalvide judgment dated 15.1.2010 and sentenced to death and also to pay compensation Rs.50,000/- to legal heirs of Muhammad Ashraf, deceased. The petitioner was also convicted by the learned Sessions Judge, Sahiwal under Section 302(b), P.P.C. vide judgment dated 15.1.2010 in another private complaint titled "Muhammad Ali v. The State etc. " as well as State case bearing F.I.R. No. 644 dated 30.11.2004 of same police station and sentenced to death with a direction to pay compensation of Rs.50,000/- to legal heirs of Mst. Nasreen, deceased. Appeals filed by the petitioner bearing Cr. Appeal Nos. 133 of 2010 and 290-J of 2011 (against conviction in private complaint and State case F.I.R. No. 643/2004) and Cr. Appeal No. 86 of 2010 (against conviction in private complaint and State case F.I.R. No. 644 of 2004) were dismissed by this Court vide separate judgments dated 1.12.2015, however, with modification in the sentences from death to imprisonment for life in each case.…

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