Law: Pakistan Penal Code, 1860

Section: 64,65,109,409,420,468,471

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss.409, 420, 468, 471, 64 & 65---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan, Art.199---Criminal breach of trust, cheating, forgery for cheating, using as genuine a forged document, criminal misconduct---Constitutional petition---Contention was that the accused had undergone substantial sentence of five years' R.I. and if the imprisonment in default of payment of fine under all the offences was directed to run concurrently, he would be entitled to be released---Total imprisonment in default of payment of fine in all the offences, as calculated, was 30 months which did not exceed 1/4th of the term of maximum imprisonment fixed by law under Ss.64 and 65, P.P.C., as the same in the present case was imprisonment for life or imprisonment for ten years---Besides, the sentence of fine was passed for each offence separately---Payment of fine as sentence in one offence would not absolve the accused from payment of fine in other offences---Imprisonment on account of failure to pay the fine was an alternative sentence---Since the original sentence of fine had to be paid separately and consecutively, the substitutive sentence of imprisonment could not be allowed to run concurrently---Total added term of imprisonment in case of default in payment of fine did not exceed the limit provided under Ss. 64 and 65, P.P.C. and the same, therefore, could not be allowed to run concurrently---Constitutional petition was dismissed accordingly. Ahmad Daud-ul-Hassaini v. The State 2008 SCMR 111 distinguished. Mian Khan v. Government of the Punjab through Secretary Home Department, Civil Secretariat, Lahore and others 2005 PCr.LJ 627 and Syed Hidayat Shah v. Shabbir Shah alias Shabbir Hussain Shah and another 1991 PCr.LJ 255 ref. THIS ORDER PASSED BY: IJAZ AHMED, J.--- The petitioner was tried, convicted and sentenced in case F.I.R. No.14, dated 6-6-2008 registered under sections 409, 420, 468, 471 and 109, P.P.C. read with section 5 of The Prevention of Corruption Act, No.II, 1947 at Police Station ACE, Rawalpindi vide judgment dated 21-7-2010 passed by the learned Special Judge Anti-Corruption, Rawalpindi as follows:--…

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