' Through this petition the petitioner has assailed the order, dated 17-5-2005 passed by the learned Sessions Judge, Lodhran whereby he dismissed the petition against the order dated 12-3-2005 passed by Judicial Magistrate Section 30, Dunyapur, District Lodhran.
2. Briefly facts of the case are that Ali Raza petitioner was tried by the learned Judicial Magistrate Section 30, Dunyapur, District Lodhran in five separate cases and vide order, dated 12-3-2005 was convicted and sentenced as under:--
(i) F.I.R. No,216 of 2003 Police Station City Dunyapur petitioner has been convicted under section 381-A, P.P.C. And sentenced to R.I. Of one year and six months with a fine of Rs,5,000 in case of default further R.I. For seven days;
(ii) F.I.R. No,241 of 2003 Police Station City Dunyapur petitioner has been convicted under section 381-A, P.P.C. And sentenced to R.I. Of one year and six months with a tine of Rs,5,000 in case of default further R.I. For seven days;
(iii) F.I.R. No,172 of 2003 Police Station City Dunyapur petitioner has been convicted under section 381-A, P.P.C. And sentenced to R.I. Of one year and six months with a fine of Rs,5,000 in case of default further R.I. For seven days;
(iv) F.I.R. No,3 of 2004 Police Station City Dunyapur petitioner has been convicted under section 381- A, P.P.C. And sentenced to R.I. Of one year and six months with a fine of Rs,5,000 in case of default further R.I. For seven days;
(v) F.I.R. No,261 of 2003, Police Station City Dunyapur petitioner has been convicted under section 468, P.P.C. And sentenced to R.I. For one year and 6 months, with a fine of Rs,5, 000 further convicted under section 473, P.P.C. And sentenced to one year and six months, further convicted under section 420, P.P.C. And sentenced to one year and six months and also convicted under section 471, P.P.C. And sentenced to R.I. Of one year and six months.
' The petitioner was given the benefit of section 382-B, Cr.P.C. In all the above mentioned cases.
3. Learned counsel for the petitioner contended that learned trial Court has ordered that all the sentences in the above sections shall run concurrently. That the petitioner has already served sentences awarded to him despite it the Superintendent of Jail has refused to release the petitioner. Further submits that the learned trial Court while awarding sentences to the petitioner has not mentioned that the sentences in the above mentioned different cases would run concurrently or consecutively and where there is no mentioning like this the sentences._ would run concurrently relies on Nagappa Vyankappa Sali v. Emperor AIR 1931 Bom. 529(1); Jainta Kumar Banerjee v. The State AIR 1955 Cal. 632; Sanaf Gul alias Sunny v. The State 2005 PCr.LJ 370 and Muhammad Asif v. The State PLD 2003 Lah.
512.
4. On the other hand learned A.A.-G. Has Vehemently opposed the stance taken by learned counsel for the petitioner.
5. I have heard learned counsel for the parties and carefully perused the record. The petitioner was convicted and sentenced as mentioned above.
6. hrough this petition, the petitioner has not assailed the impugned order to the extent of quantum of sentence in any of the above mentioned cases. The difficulty has arisen to the petitioner because the learned trial Court had not stated anything about the different sentences running consecutively or concurrently. While relying upon Naggappa Vyuankappa Sali v. Emperor AIR 1931 Bom. 529(1) it may be observed that this Court has jurisdiction under section 397, Cr.P.C. To direct separate sentences of separate trials to run concurrently. Further relying Jainta Kumar Banerjee v.
The State AIR 1955 Cal. 632, I find that this Court is empowered under section 561-A, Cr.P.C. To order that these sentences be directed to run concurrently. The sentences awarded to the petitioner are short and it would meet the ends of justice if they are ordered to run concurrently.
7. For what has been discussed above the instant petition is accepted and the orders passed by the learned Courts below are set aside B and the sentences awarded to the petitioner are directed to run concurrently.