Sentence on an offender already sentenced for another offence

S. 397 ---Sentence on an offender already sentenced for another offence---Scope---Courts ordinarily order concurrent running of sentences recorded against a convict in different cases tried by different courts irrespective of the fact whether such conviction has been maintained, enhanced or modified by the Appellate and/or Revisional Court.
PLD 2020 Lahore 523
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Ss. 35 & 397---Sentence in case of conviction of several offences at one trial---Sentence on an offender already sentenced for another offence---Concurrent running of sentences---Scope--- Petitioner contended that sentences handed to him in two FIRs (one of them being the offshoot of the other) be ordered to run concurrently---Sessions Judge, at the time of decision of appeal, had not noticed that the petitioner was already serving sentence---Courts generally took generous view in the matter of sentences affecting deprivation of life or liberty of a person and unless some aggravating circumstances did not permit so, liberally exercised enabling power under Ss.35 & 397, Cr.P.C., respectively to order concurrent running of sentence in one trial and so also consolidation of earlier sentence while handing down sentence of imprisonment in a subsequent trial--- No exceptional circumstances, held, existed to reject prayer of the petitioner---Petition was allowed.
PLD 2020 Lahore 523
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S. 397 ---Sentence on an offender already sentenced for another offence---Scope---Where a person undergoing a sentence of imprisonment is subsequently convicted and sentenced in another trial, his subsequent sentence would commence at the expiration of his previous sentence, however, Trial Court seized of the subsequent trial and appellate/revisional court in the appeal/revision arising therefrom is competent to direct that the subsequent sentence would run concurrently with the previous one.
PLD 2020 Lahore 523
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Ss. 35 & 397 ---Sentence in case of conviction of several offences at one trial---Sentence on an offender already sentenced for another offence---Concurrent running of sentences---Scope--- Petitioner contended that sentences handed to him in two FIRs (one of them being the offshoot of the other) be ordered to run concurrently---Sessions Judge, at the time of decision of appeal, had not noticed that the petitioner was already serving sentence---Courts generally took generous view in the matter of sentences affecting deprivation of life or liberty of a person and unless some aggravating circumstances did not permit so, liberally exercised enabling power under Ss.35 & 397 , Cr.P.C., respectively to order concurrent running of sentence in one trial and so also consolidation of earlier sentence while handing down sentence of imprisonment in a subsequent trial--- No exceptional circumstances, held, existed to reject prayer of the petitioner---Petition was allowed.
PLD 2020 Lahore 523