P L D 2020 Lahore 670
Criminal Procedure Code (V of 1898)---
----S. 397---Sentence on offender already sentenced for another offence---Scope---Where an accused is convicted and sentenced to different terms in different trials, for the purposes of reckoning his sentences, S.397, Cr.P.C. comes into operation---Said provision of law contemplates that sentences awarded to a person in a subsequent trial would commence at the expiration of imprisonment for which he had been previously sentenced---Discretion has been left with the court to direct concurrent running of sentence awarded in a subsequent trial---Command of law for consecutive sentences is a general rule while direction for concurrent sentence is discretionary power of the court---Although appropriate order within the meaning of S.397, Cr.P.C. ought to be made at the time of deciding the case or appeal but if, for any reason or due to some inadvertent omission, direction could not be issued at that time there is no embargo that the same cannot be passed afterward---Court can exercise discretionary power at any time to direct that sentences in two different trials would run concurrently.
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