Law: Criminal Procedure Code (V of 1898)

Section: 397, 426, 439, 561-A

Law: Penal Code (XLV of 1860)

Section: 302, 109, 34

Criminal Procedure Code (V of 1898)------Ss. 397, 426, 439 & 561-A---Penal Code (XLV of 1860), Ss. 302, 109 & 34---West Pakistan Arms Ordinance (XX of 1965), S.13---Accused was sentenced to imprisonment for life under Ss.302,-109 & 34, P.P.C. and got three years' rigorous imprisonment and fine under the West Pakistan Arms Ordinance, 1965 in one occurrence---Contentions were that the case under the West Pakistan Arms Ordinance, 1965 also arose because of the case of murder and until an order was made under S.397, Cr.P.C. the sentences of the convict were to run consecutively and that Appellate Court was fully empowered to exercise power under S.397, Cr.P.C. which was exercisable by the Trial Court in view of powers vesting under. S.426, Cr.P.C.--­ Validity---High Court while invoking the provision of S.397, Cr.P.C. directed that the sentences in .both the cases would 'run concurrently. AIR 1929 All. 585; AIR 1931 Bom. 529(I); AIR 1961 Pat. 138; AIR 1964 Andh. Pra. 449; Zakir Ali v. The State PLD 1977 Kar. 833 and Altaf Hussain v. The State 1987 PCr.LJ 2169 fol.                                                                                                                                                           JUDGMENT This is a petition under section 439 read with section 561-A of the Cr.P.C. asking for orders under section 397 of the Cr.P.C. 2. Muhammad Asif, the petitioner in this case, suffered sentence under sections 302, 109, 34, P.P.C in view of F.I.R No.53 of 1996. 3. Through the interrogation of that above case, a gun was got recovered by him although this was a licensed weapon but the licence was in the name of his father and consequently as a sequel to the murder case, a case under section 13 of Arms Ordinance XX of 1965 was also registered against…