parole shall count towards his sentence unless specifically ordered otherwise in any particular case. Period spent in hospital to count towards sentence. Rule39. The period spent by a prisoner in an outside hospital shall count towards his sentence. Date of release when two or more sentences run concurrently. Rule40. When a prisoner is sentenced to two or more terms of imprisonments to be served consecutively, the date of release shall be calculated as if the sum of the terms was awarded in one sentence. ,Example.--A prisoner, sentenced on the 21st June, 1973 to one year's imprisonment, is, for another offence, subsequently sentenced to a further term of one year, the period will commence from the expiration of the first sentence. He will be released on the 20th June, 2003, not on the 19th June, 2003. Operation of a second sentence when the first sentence is set aside. Rule41. (i) When a prisoner has been committed to prison at one trial-under two separate warrants, the sentence in the one will take effect after the expiry of the sentence in the other, the date of such second sentence shall, in the event of the first sentence being set aside on appeal, be presumed to take effect from the date on which he was committed to prison under the first or original sentence. (ii) Where separate sentences have been passed in separate trials, the sentences being consecutive, under section 397 of the Code of Criminal Procedure, the operation of the second sentence will, in the event of first sentence being set aside on appeal, commence from the date of conviction in the second sentence. Date from which a sentence finally passed shall count. Rule42. When an appellate Court modifies a sentence passed by a lower Court without change of section, or when an appellate Court passes a new sentence by changing the section or otherwise, the sentence finally passed shall count, unless otherwise specially directed, from the date of imprisonment under original sentence. Calculation of date of release when a fine is partially paid. Rule43. If a prisoner is sentenced to imprisonment 6f which the whole or part is in default of the payment of any fine, and if the 15