1988 P Cr (PLP)

‑‑‑S. 491‑‑West Pakistan Arms Ordinance (XX of 1965), S.13‑‑Penal Code (XLV of 1860), S.302‑‑Habeas corpus‑‑Accused sentenced to life imprisonment under 5.302, P.P.C. and for six months under Arms Ordinance‑‑Sentence under S.302, P.P.C. suspended‑‑No appeal filed against sentence under Arms Ordinance‑‑Sentences not ordered to be concurrent‑‑Detention of accused in jail in execution of sentence under Arms Ordinance, held, was not illegal in circumstances.‑ [Sentence]. Shaukat Ali Javaid for Petitioner. This is an application under section 491, Cr.P.C. for setting Bashir Ahmad at liberty who is presently confined in the District Jail, Faisalabad.

2. The facts giving rise to this petition briefly are that Bashir Ahmed was tried separately in two cases, one under section 302, P.P.C. and the other under section 13 of the Arms Ordinance, 1965. He was convicted in both the cases on 23‑12‑1985. He was sentenced to imprisonment for life in case under section 302, P.P.C. and to six months' R.I. under section 13 of the Arms Ordinance, 1965. He filed only one appeal against his conviction under section 302, P.P.C. He did not file any. appeal against his conviction under section 13 of the Arms Ordinance, 1965. On 21‑3‑1988, his sentence of imprisonment for life under section 302, P.P.C. was suspended by this Court. Since he had not filed appeal against his conviction under section 13 of the Arms Ordinance, 1965, therefore, the Jail authorities have refused to release him on the ground of his conviction and sentence under section 13 of the Arms Ordinance, 1965, hence this petition.

3. Learned counsel for the petitioner mainly contended that since Bashir Ahmad was convicted under section 13 of the Arms Ordinance, 1965, on 23‑12‑1985 and by now lee has served out the sentence of six months' R.I. awarded under section 13 of the Arms Ordinance, 1965, therefore, his detention after the suspension of sentence under section 302, P.P.C. is illegal.

4. I have considered the submissions made by the learned counsel for the petitioner with care. I have not been able to persuade myself to agree with him. There can be no two opinions that the sentence of six months' R.I. awarded under section 13 of the Arms Ordinance. 1965 shall start after the expiry of the sentence of imprisonment for life under section 302, P.P.C. because the learned trial Court while convicting the petitioner in two different cases had not directed that the sentences in the two cases would run concurrently although he could give such direction under section 397, Cr.P.C. That being the position, it cannot be said that the detention of petitioner in jail in execution of sentence under section 13, Arms Ordinance is illegal.

5. For what has been said above, the petition is dismissed. S.A./M‑820/L Petition dismissed.