Law: Criminal Procedure Code (V of 1898)

Section: 397,561-A

Criminal Procedure Code (V of 1898)--- ----Ss. 397 561-A---Sentence on offender already sentenced for another offence---Inherent powers of High Court---Scope prayed that three years sentence awarded to him be ordered to run concurrently with the one years sentence warded to him in another FIR along with his companion was chased by the police, whereupon the applicant made firing but he was apprehended and pistol was recovered from his possession for which he failed to produce any licence or permit, as such a separate FIR was also lodged against him was ultimately convicted in both FIRs---High Court in terms of S. 561-A, Cr.P.C. had inherent power to order the sentence of different transactions to be run concurrently---Application was accepted. Mukhtar Ahmed v. The State PLD 2011 Lah. 29 rel. ORDER ABDUL HAMEED BALOCH, J.--- Through this application the applicant Muhammad Siddique alias Qurban has prayed that three years sentence awarded to him in the case FIR No. 179 of 2015, Police Station Dera Allah Yar be ordered to run concurrently with the one-year sentence awarded to him in the case FIR No.181 of 2015, Police Station Dera Allah Yar. 2. The background of the instant application is that in pursuance of case FIR No.179/2015, the applicant along with his companion was chased by the police, whereupon the applicant made firing upon the police but he was apprehended, and a TT Pistol along with magazine was recovered from his possession for which he failed to produce any license or permit, as such a separate FIR No.181 of 2015 was also lodged against the applicant. 3, After full dressed trial in both the referred FIRs, the learned Judicial Magistrate Sohbat Pur (trial court) convicted and sentenced the applicant as under: 1. In case FIR No. 179/2015, under sections 392, 34, P.P.C. for a period of three years R.I with fine of Rs.20000/- or two months SI. 2. In case FIR No.181 of 2015, under section 13-E of the Arms Ordinance for a period of one-years RI with fine of Rs.5000/- or two months SI. The Applicant appealed the above convictions and sentences before the learned Sessions Judge Dera Allah Yar (appellate Court), but the appellate court dismissed both the…

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