- (1.) THE basis questions involved in the applications referred to this Bench are: 1. Whether it is open to the Judge who decided an appeal to pass an order under Section 397 (1), Code of Criminal Procedure after be has delivered the judgment or he will be debarred from doing so because the order will amount to an alteration of the sentence already imposed?
(2.) WHETHER it would be competent for the High Court in exercise of its power under Section 561-A, Code of Criminal Procedure to direct that the sentence of a subsequent conviction to imprisonment shall run concurrently with the previous sentence if the stage for exersise of the discretion conferred under Section 397 (1) of the Coda is over?
(3.) THE circumstances in which the sentence on a subsequent conviction should be made to run concurrently with the previous sentence? 2. In Mulaim Singh's case it appears that in Sessions Trial No. 149 of 1966 be was con, victed under Sections 399, 402, 147, 307 and 149 of the Indian Penal Code and under Section 25 of the Arms Act and was sentenced to various terms of imprisonment under various count. The sentences were, however, directed to run concurrently. His appeal was dismissed by a learned single Judge of this Court on 8. 10. 1969. Mulaim Singh wag also prosecuted in Sessions Trial No. 127 of 1966 and was convicted under Section 395, I. P. C. and sentenced to seven years' rigorous imprisonment. An appeal filed by him against his conviction and sentence was dismissed by a learned single Judge of this Court on 9-10-1969. On March 2, 1971, an application was made in the appeal arising out of Sessions Trial No. 127 of 1966 praying that the sentences awarded in the two trials and upheld in the appeals therefrom may be made concurrent under the provisions of Section 397 (1) of the Code of Criminal Procedure. 3. Sukh Bam was convicted in Sessions Trial No. 116 of 1968 and sentenced to ten years' rigorous imprisonment under Section 395, I. P. C. , by an order dated 14. 12. 1963. His appeal (Criminal Appeal No. 390 of 1969) was dismissed by this Court by en order dated 11-21971. Sukh Ram was also convicted in Sessions Trial No. 113 of 1968 and sentenced to seven years' rigorous impriesonment under Sections 395/397, I. P. C. , by an order dated 11-6-1969. He did not prefer any appeal against his conviction and sentence. On 11-1-1974 an application was made under Section 561-A read with Section 397, Code of Criminal Procedure in Criminal Appeal No. 390 of 1969 praying that the sentence awarded is Criminal Appeal No 390 of 1969 may run concurrently with the sentence awarded in Sessions Trial No. 113 of 1968. ;