Law:

Section:

Penal Code (XLV of 1860)--- ----S. 489-F---Dishonestly issuing a cheque was implicated in three FIRs registered under S. 489-F, P.P.C.; he was arrested and the trial in the said criminal cases commenced---Meanwhile, a suit for recovery was also filed against the petitioner, which was decided against him vide and decree dated 29.9.2011---In the execution proceedings, the petitioner was arrested and he was awarded civil imprisonment on 10.5.2016 for a period of one year---Trial in the criminal cases culminated in conviction of the petitioner and resultantly he was awarded sentence of 15 months---Civil prison of the petitioner commenced from 10.5.2016 and was to be concluded on 10.5.2017---Sentence in the criminal cases commenced on 26.7.2016 for a period of 15 months---After the lapse of 15 months from 26.7.2016, the petitioner was not released filed petition contending that the sentences in the civil prison and criminal cases were to run concurrently, which was dismissed---Validity---Record showed that Judicial Magistrate while passing and awarding sentence, was not aware of order of civil court regarding committing the petitioner to civil prison---Transactions in respect of which the petitioner was convicted and sentenced by Judicial Magistrate and order by executing court committing petitioner to civil prison were the same---Just and proper course was that both terms were to run concurrently---Constitutional petition was allowed in circumstances---Accused-petitioner was directed to be released forthwith. Mst. Shahista Bibi v. Superintendent, Central Jail PLD 2015 SC 15 rel. Ghous Bakhsh v. The State 2012 PCr.LJ 1028 ref. THIS JUDGMENT DELIVERED BY: AAMER FAROOQ, JUSTICE:---.--- The facts, in brief, are that the petitioner was implicated in FIR(s) No. 691 dated 28.11.2011 under section 489-F, P.P.C.; FIR No. 326 dated 30.09.2012 under section 489-F, P.P.C. and FIR No. 168 dated 06.04.2009 under section 489-F, P.P.C. of police station Shalimar Islamabad; he was arrested and the trial in the referred offences commenced. Meanwhile, a suit for recovery was also filed against the petitioner, which was decided against the petitioner vide judgment and decree dated…

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