Law:

Section:

(a) Criminal Procedure Code (V of 1898).. ----Ss. 35 & 397 ---Sentence, nature of --Appeal being a continuation of original matter, appellate forum enjoys same authority and ample discretion to specify nature of sentences by declaring the same to run concurrently.-­ [Sentence]. Zakir All v. State PLD 19'1'7 Kar. 833 and Khan Zaman and others v. State 1987 SCM.1M2 ref. (b) Criminal Procedure Code (V of 1898)- ----S.561-A---High Court while exercising inherent powers under S.561-A, Cr.P.C. in an appropriate case enjoys plenary powers to promote ends of justice by remedying abuse of the process of law, but facts and circumstances of each case have to be dealt with on its own merits. (c) Prohibition (Enforcement of Hadd) Order (4 of 1979) _---Art---'best Pakistan Arms Ordinance XX of 1965), S.13-E---Criminal Procedure Code V of 1898), Ss. 39'7 & 561-A-_-Constitution of Pakistan (1973), Art. 199---Specification of nature of sentence---Trial Court had decided both the cases involving the accused on the same day --- Announcement of conviction and sentence in one case had automatically constituted commencement of imprisonment in that matter and sentence passed in second case subsequently would follow---Principle contained in S.397, Cr.P.C. would, thus, become applicable---No plausible reasons, therefore, appeared for exercising inherent jurisdiction in the case---Besides, in the absence of any patent impropriety, glaring violation of law or breach of duty, interference through Constitutional jurisdiction was not even warranted---Petition was dismissed accordingly. Muhammad Paryal v. The State Constitutional Petition No.D-1305 of 1992; Zakir Ali v. State PLD 1977 Kar. 833 and Khan Zaman and others v. State 1987 SCMR 1382 ref. Mian Gulzar Muhammad v. The Crown PLD 1950 Lah. 497 and Bashir v. State and others PLD 1991 SC 1145 rel. (d) Criminal Procedure Code (V of 1898)--- ----S. 561-A---Nature of sentence, specification of---High Court while considering individual cases exercising its inherent power within the purview of S.561-A, Cr.P.C. may allow benefit to the convict regarding nature of sentence by treating it concurrent to avoid abuse of the process of law.…

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