ABDUL KHALEK Vs. EMPEROR

JUDGEMENT

(1.) It is perfectly clear that the Judge is bound to entertain and hear the appeal in this case. Under the rulings of this Court, concurrent sentences for the purpose of appeal must be taken in the aggregate. The interpretation of Section 35(3) appears to leave it without doubt that concurrent sentences come within the meaning of that clause; otherwise there would be no distinction whatever between a concurrent sentence and a single sentence in which no sentence was passed under the second charge.

(2.) The Rule is made absolute and the appeal will be heard in due course by the learned Sessions Judge.

(3.) The petitioner will remain on the same bail pending the hearing of the appeal.