Law: Criminal Procedure Code (V of 1898)

Section: 397

Criminal Procedure Code (V of 1898)--- ----S. 397---Sentence in case of conviction of several offences at one trial---Sentences to run concurrently---Scope---Accused assailed his conviction under Ss. 9(b) 9(c) Control of Narcotic Substances Act 1997---Accused had been convicted and sentenced in all the cases by one and the same court---Although accused was convicted on one and the same date by one and the same Trial Court, but the moment he was convicted in second case, he was to be considered to be sentenced in earlier case and that would go on till he was convicted in the last case---Trial Court while convicting the accused in all cases skipped the said provision of S. 397, Cr.P.C.---Accused deserved for the benefit thereof---Appeals were dismissed with direction by the High Court that accused would be entitled for benefit under S. 397, Cr.P.C. and his sentences in all the cases would run concurrently. Shaista Bibi and another v. Superintendent Central Jail Mach and 2 others PLD 2015 SC 15 and Rahib Ali v. The State 2018 SCMR 418 rel. Shahid Aleem, Additional Prosecutor General for the State. Date of hearing: 24th November, 2021. JUDGMENT AHMAD NADEEM ARSHAD, JUSTICE:---.---Criminal appeals Nos. 608 of 2021, 1136-J and 1140-J of 2019 are fixed for today whereas in compliance of order of this Court remaining appeals filed by appellant have also been fixed by the office by issuing supplementary cause list. 2. Criminal Appeals Nos. 581 of 2019 and 1138 of 2019 are still at motion stage and have been admitted to regular hearing. Notices issued have been accepted by the learned Additional Prosecutor General. 3. Although all the criminal appeals are against independent judgments but as only the benefit under section 397, Cr.P.C. has been asked by learned counsel for appellant therefore, all are being decided together by way of this single judgment. 4. As appellant has been convicted and sentenced in all the cases by one and the same court of learned Additional Sessions Judge Dera Ghazi Khan so without referring the name of the Court in subsequent discussion, the facts of each appeal are as under: - 1. Criminal Appeal No.581 of 2019 It is directed against the…

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