Law: Criminal Procedure Code (V of 1898)

Section: 397

Law: Pakistan Penal Code, 1860

Section: 409

Criminal Procedure Code (V of 1898), S. 397-Sentences, in three separate trials, pronounced on same day-No direction as to their being concurrent or otherwise-Sentences, whether to run consecutively. Where the accused was sentenced on three separate charges under section 409 Pakistan Penal Code each charge being the subject-matter of a separate trial, the sentences having been pro­nounced on the same day and there being no order as to their being concurrent or otherwise, Held, that a person is " undergoing " imprisonment within the meaning of section 397 from the moment the sentence is passed and that the accused was undergoing his first sentence when the second and third were pronounced on him, and consequently, where there is no order making them concurrent, they will be undergone consecutively. 1905 Weir's Reports 451 rel. 43 I. C. 623 dissent. 82 1 C. 478 ref. ORDER The petitioner was convicted in three separate trials by the same Magistrate on the same day under section 409 Pakistan Penal Code and sentenced in each case to six months imprisonment. The orders did not say whether the sentences were concurrent or consecutive, but the warrants of commitment to jail said they were to be consecutive. It is argued for the petitioner that they cannot be consecutive, as neither section 35 nor section 397 of the Code of Criminal Procedure Crown applies. Under the former section, when a person is convicted at one trial of two or more offences, the sentences shall commence the one after the expiration of the other, unless the Court directs them to run concurrently. Under the latter, when a person already "undergoing a sentence" is convicted and sentenced for another offence, the latter sentence shall commence at the expiration of the former. By an amendment of the Code in 1923, the Court was given discretion to make the two sentences run concurrently in this case also. Now in the present case; the petitioner was on bail when the three sentences were pronounced on him, and immediately thereafter he was taken into custody. If he had not been on bail, he could be understood to have started undergoing the first sentence when the second was pronounced, even though the two…

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