ASMATULLAH vs State Ss — 2021 PCrLJ 889 QUETTA-HIGH-COURT-BALOCHISTAN

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ASMATULLAH VS State Ss. 35, 397 & 561-a---Conviction for several offences at one trial---Concurrent commutation of sentence---accused faced trial in two separate FIRs---First FIR was lodged under S. 392, P.P.C., said case was tried and accused was convicted and sentenced to suffer three years imprisonment---Second FIR was lodged under S. 380, P.P.C., said case was tried and accused was convicted and sentenced to suffer one year' imprisonment---accused assailed his conviction and sentence in both the cases in appeals which were dismissed---accused filed present petition for concurrence of his sentences awarded in both the cases---Scope---Record showed that both the cases were tried separately by the same court side by side but on conclusion of trial the petitioner was convicted and sentenced in both the cases separately---appeals preferred but were dismissed---Undoubtedly S. 35 Cr.P.C., empowered not only the Trial Court but also the appellate as well as the revisional courts to direct for running concurrently of the several sentences awarded to a person charged for multiple offences, but in the same transaction, trial or FIR---Provisions of S. 397, Cr.P.C., empowered the trial as well as the appellate and revisional courts to direct for the consolidation of multiple sentences awarded in earlier or subsequent trials though tried separately by the different courts on different dates and such powers could be exercised at any stage---Court had ample powers under S. 561-a, Cr.P.C. read with Ss. 35 & 397, Cr.P.C. to direct for concurrence and consideration of sentences awarded to an accused in multiple offences in one transaction/trial or in multiple trials either awarded by the same court at the same time or on different occasions---Revision petition was accepted and sentences awarded in both the trials were ordered to run concurrently.

ASMATULLAH vs State Ss — 2021 PCrLJ 889 QUETTA-HIGH-COURT-BALOCHISTAN

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