| Citation(s) |
|---|
| 2012 SLG 2290 2012 SLD 2290 2012 YLR 5 |
Peshawar High Court
Quashment Petition No. 141 of 2011 in Criminal Appeal No. 246 of 2006, decided on 8th September, 2011
SHAH, JEHAN KHAN AND FAZAL-I-HAQ ABBASI, JJ
Malik Muhammad Rehan for Petitioner. Abdur Rauf Gandapur for the State
Quashment Petition No. 141 of 2011 in Criminal Appeal No. 246 of 2006, decided on 8th September, 2011
SHAH, JEHAN KHAN AND FAZAL-I-HAQ ABBASI, JJ
Malik Muhammad Rehan for Petitioner. Abdur Rauf Gandapur for the State
DILBAR KHAN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 302/324/34---Constitution of Pakistan, Art.199---Qatl-e-amd and attempt to commit qatl-e-amd---Petition for issuance of direction of concurrent running of two substantive sentences---Petitioner who was convicted and sentenced on two different occasions in two separate F.I.Rs. through separate s, had moved petition for issuance of directions of concurrent running of two substantive sentences awarded to him on the ground of old-age---Validity---Each criminal case had to be decided on its own facts and circumstances---Petitioner having been convicted for the murders of two persons of the same family at two different occasions, it would not be in the interest of justice to direct the sentence to run concurrently---Sentences awarded to the petitioner, were to run consecutively. 2011 PCr.LJ 1340 ref Muhammad Ramzan v. State 1989 SCMR 1405 and Nadeem alias Dimo v The State 2007 SCMR 255 rel JUDGMENT FAZAL-I-HAQ ABBASI, J.---Dilbar Khan has moved the instant petition for issuance of directions of concurrent running of two substantive sentences awarded to him, on the ground of old-age, in two different F.I.Rs. i.e. in case F.I.R. No.776 dated 23-12-2001 under sections 302/ 324/34, P.P.C. of P.S. Lahore District Swabi and in case F.I.R. No.125 dated 9-9-2003 under sections 302/34, P.P.C. P.S. Lahor District Swabi. 2. Learned counsel appearing on behalf of the petitioner relied on a Judgment of a Division Bench of this Court reported in 2011 PCr.LJ. 1340, whereby while accepting the constitutional petition, the learned Court directed concurrent running of the sentences awarded to the accused vide judgment dated 14-3-2002 in case F.I.R. No.33 dated 16-2-2001 under section 9(c) C.N.S.A. registered at P.S. Hassan Abdal and in case F.I.R. No.1113 dated 19-12-2000 under section 9(c) C.N.S.A. registered at P.S. Topi (Swabi). 3. Learned counsel appearing for the State opposed the petition and relied upon the judgment of the apex Court in case of…
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