| Citation(s) |
|---|
| 2017 SLG 458 2017 SLD 458 2017 SCMR 307 |
Supreme Court of Pakistan
Criminal Appeal No. 294 of 2011 and Criminal Miscellaneous Application No. 357 of 2014, Date of hearing: 14th December, 2016.
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Qazi Misbahul Hassan, Advocate Supreme Court for Appellant. Ch. Muhammad Waheed, Additional Prosecutor-General, Punjab for the State.
Criminal Appeal No. 294 of 2011 and Criminal Miscellaneous Application No. 357 of 2014, Date of hearing: 14th December, 2016.
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE
Qazi Misbahul Hassan, Advocate Supreme Court for Appellant. Ch. Muhammad Waheed, Additional Prosecutor-General, Punjab for the State.
ISHFAQ AHMAD
VS
THE STATE --Respondent
Law: Pakistan Penal Code, 1860
Section: 302(b),324,337D,337-F(iii)
Law: Criminal Procedure Code (V of 1898)
Section: 35,382-B
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-D & 337-F(iii)---Qatl-i-amd, attempt to qatl-i-amd, Jaifah and Ghayr-Jaifah Mutalahimah---Leave to appeal was granted by Supreme Court only to consider as to whether High Court should have ordered concurrent running of all sentences of imprisonment passed against accused or not. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 35 & 382-B---Penal Code (XLV of 1860), Ss. 302(b), 324, 337-D & 337-F(iii)---Qatl-i-amd, attempt of qatl-i-amd, Jaifah and Ghayr-Jaifah Mutalahimah--- Concurrent sentences--- Pre-conviction imprisonment---Principle---Accused was variously convicted by Trial Court for all offences maximum sentence was death on two counts on the charge under S. 302(b), P.P.C.---High Court on appeal, converted sentences of death passed against accused on both counts of charge under S. 302(b), P.P.C. to imprisonment for life on two counts, whereas remaining convictions and sentences were maintained---High Court did not declare the sentences to run concurrently---Validity---Ordinarily more than one sentences of imprisonment for life passed against accused were to be ordered to run concurrently to each other---Supreme Court directed that all sentences of imprisonment passed against accused would run concurrently to each other---Supreme Court also directed to extend benefit of S. 382-B, Cr.P.C. to accused---Appeal was disposed of accordingly. Shah Hussain v. The State PLD 2009 SC 460 fol. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Miscellaneous Application No. 889 of 2011 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Appeal No.294 of 2011 is condoned. Disposed of. Criminal Appeal No. 294 of 2011 2. For causing the murder of Waseem Ahmed and Hafeez Ahmed and also for causing injuries to Muhammad Amin and Muhammad Akhtar at about 9.00 p.m. on…
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