LAHORE: The Lahore High Court has ruled that it has the jurisdiction to order concurrent running of multiple sentences of a convict in different cases if the trial courts fail to specifically mention so in the guilty judgements.

Justice Muhammad Tariq Nadeem observes that section 397 of the CrPC provides that when a person is sentenced at a time when he is already undergoing imprisonment, his subsequent sentence is to commence upon the expiration of the earlier sentence unless the trial court specifically gives directions that subsequent sentence to run concurrently with the previous sentence.

In a judgement on a petition of a man convicted for life in two different FIRs, the judge notes that the section 397 enables the trial or appellate court as the case may be, in a subsequent trial or in an appeal arising out of subsequent trial, to order for the consolidation of sentence in subsequent trial with the sentence(s) handed down in earlier trial(s).

He says in case earlier conviction is not brought to the notice of the trial court at the time of handing down the subsequent conviction, the trial or appellate court can exercise such jurisdiction even after the sentence of imprisonment in subsequent trial is announced.

The judge observes that in the light of the law, there remains no doubt that this court (LHC) has the jurisdiction to order multiple sentences in the same, separate or subsequent trial to run consecutively.

Allowing the petition of convict Ijaz alias Jujji, detained in Kot Lakhpat jail, the judge orders that the life and other sentences awarded to the petitioner in two FIRs shall run concurrently. The judge also directs the superintendent of the jail to do the needful.

Published in Dawn, March 2nd, 2022