Law: Pakistan Penal Code, 1860

Section: 394,397

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Law: Criminal Procedure Code (V of 1898)

Section: 35(2),369,397

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 17(4)

(a) Penal Code (XLV of 1860)--- ----Ss. 394 & 397--- Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 17(4)---Pakistan Arms Ordinance (XX of 1965), S.13(e)---Criminal Procedure Code (V of 1898), Ss.35(2) & 397---Voluntarily causing hurt in committing robbery, robbery or dacoity, with attempt to cause death or grievous hurt, haraabah, possessing unlicensed arms---Computation of sentences concurrently, application for---Applicant/accused, was tried and convicted in two separate trials (one under Ss.394 & 397, P.P.C. and sentenced to life imprisonment and other under S.13(e) of Pakistan Arms Ordinance, 1965 and was awarded sentence of two years)---Accused had sought indulgence of High Court to grant premium to make an appropriate order under Ss. 35(2) & 397, Cr.P.C., for computing sentences concurrently awarded in two separate FIRs.---Power conferred upon High Court under S. 397, Cr.P.C., for ordering various sentences awarded in different cases to run concurrently no doubt was discretionary but said discretion had to be exercised judicially---Nothing was on record to suggest any compelling circumstances prompting to withhold premium claimed by accused---Withholding of relief as prayed by accused would create hardship to accused, who had already undergone more than 14 years sentence of imprisonment---Charitable and beneficial interpretation of S.397, Cr.P.C., cast duty upon the Shariat Court to grant relief sought for---Accepting application of accused, Court ordered that sentences awarded to accused in two FIRs would runconcurrently. Mst. Zubaida v. Falak Sher and others 2007 SCMR 548; Mst. Shaista Bibi and another v. Superintendent, Central Jail, Mach and 2 others PLD 2015 SC 15 and Rahib Ali v. State 2018 SCMR 418 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 369---Constitution of Pakistan, Art. 203(E)(9)---Right of review by Federal Shariat Court---Scope---Right of review like right of appeal, was a substantive right and always creation of statute---No doubt, under S.369, Cr.P.C., review of the was not permissible, except to correct a clerical error, but constitutional mandate authorized Federal Shariat…

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