( 1. ) THE following question has been referred by Bhave. J. far decision: Whether this Court can exercise discretion under Section 397 of the Code of Criminal Procedure and direct the sentence awarded in subsequent trials to run concurrently with the sentence awarded in previous trial even after the appeals or revisions preferred by the convict have been dismissed?

( 2. ) FOR a proper consideration of this question, it is necessary to refer to Section 397 of the old Code of Criminal Procedure (hereinafter referred to as the Code) which corresponds to Section 427 of the new Code of Criminal Procedure. The said section is reproduced below for facility of reference: 397. (1) When a person alreadv undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under Section 123 in default of furnishing