Law: Criminal Procedure Code (V of 1898)

Section: 561A,397

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Law: Pakistan Penal Code, 1860

Section: 34,392

Criminal Procedure Code (V of 1898)--- ----Ss. 561-A & 397---Penal Code (XLV of 1860), S.392/34---West Pakistan Arms Ordinance (XX of 1965), S.13(e)---Sentences in two cases---Application for running sentences concurrently who was convicted and sentenced for two offences; under S.392/34, P.P.C. and S.13(e) of West Pakistan Arms Ordinance, 1965 in one occurrence, had prayed that sentences awarded to him in said two offences be ordered to run concurrently---Validity---Where on account of one occurrence, different offences were made out calling for different sentences and trials, provisions of S. 397, Cr.P.C. were applicable and sentences would run concurrently rather than consecutively---Provisions of S.397, Cr.P.C. had provided for sentences to run consecutively, unless ordered otherwise---Prosecution had conceded that the sentences in the case should run concurrently it would be just and proper that sentences awarded by the two courts below should run concurrently. Muhammad Asif v. State PLD 2003 Lah. 512 rel. THIS ORDER PASSED BY: SALMAN ANSARI, JUSTICE:---.--- This application is moved by the applicant Muhammad Shakeel who was on 10-10-2006 convicted by the learned IInd Additional Sessions Judge Karachi South-West, Judicial Court complex, Karachi in Sessions Case No.678 of 2005 in Crime No.170/2005 for an offence punish-able under section 392/34, P.P.C. lodged at P.S. Defence Karachi, to undergo R.I. for 7 years and fine of Rs.25,000, in default of payment of fine further S.I. for 6 months. 2. Learned counsel for applicant has contended that applicant had disclosed to police regarding weapon used in crime, hence a pistol along with magazine containing 4 live bullets was recovered and F.I.R. No.178/2005 was registered under section 13(e) Arms Ordinance at P.S. Defence Karachi. The applicant was convicted in this case to undergo R.I. for 3 years and to pay fine of Rs.1000. Subsequently, in appeal on S.C.…

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