Case Details

Citation(s)
2018 SLG 418 2018 SLD 418 2018 PLJ 170
Supreme Court of Pakistan
Crl. Petition No. 169 of 2017, decision Date : 30.10.2017. (Against the judgment Dated 14.10.2016 passed by Sindh High Court, Hyderabad Circuit, in Crl. Msic.Application No. D-430 of 2015).
MUSHIR ALAM, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE
Mr. Amjad Ali Sahito, ASC and Mr. Ghulam Rasool Mangi, AOR for Petitioner. Mr. Abdullah Rajput, Addl. AG for
Respondent.

RAHIB ALI

VS

STATE

Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 35, 382, 397 & 561-A--Pakistan Penal Code, (XLV of 1860), Ss. 57 & 365-A--Anti Terrorism Act, (XXVII of 1997), S. 7--Inherent Jurisdiction of High Court--Pakistan Prison Rules, 1978, R. 140--Consolidation of multiple sentences, whether permissible--Concurrent running of sentences awarded by two different Courts in different set of proceedings--Petitioner/convict filed an application before High Court for computing two conviction sentences awarded in two different set of proceedings by two different Courts to run concurrently--High Court dismissed application.--Challenge to--Petitioner contended that ordinarily Courts order running of two separate convictions recorded in two different set of trials by two different Courts to run concurrently, irrespective whether such conviction has been maintained, enhanced or modified by appellate or revisional Court--Validity--When an offender is saving out a substantive sentence of imprisonment is also subsequently convicted for any other offence(s) in another trial(s), per Section 397, Cr.P.C., later sentence(s) for imprisonment would generally commence at expiration of earlier sentence(s) or putting it in other words, sentences in several trial awarded to an offender in successive trials would run back to back one after expiration of other, unless Court directs that subsequent sentence shall run concurrently with sentence passed in earlier trial--Exception to this rule is in where offender is serving out sentence of imprisonment in lieu or in default of payment of fine--Neither trial nor appellate or revisional Courts have any jurisdiction to order consolidation of multiple sentences in lieu of fine--Multiple sentences or fine in a trial in lieu of fine in same or different cases would run successively--In cases, where subsequent conviction and sentence handed down by trial Court and for that matter appellate and or revisional Court, is silent as to consolidation of two or more sentences or otherwise against a convict already undergoing a sentence, than in appropriate cases, inherent jurisdiction of high Court could always be invoked--Where a convict is undergoing…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492