Case Details

Citation(s)
2025 SLG 3281 2025 SLD 3281 = 2025 PCRLJ 1723
Peshawar High Court
W.P. No. 135-M/2023
SALAH-UD-DIN J.
Date of hearing: 04.3.2025 Petitioner: - (Qadar Khan) by M/S Muhammad Sareer Khan and Saeed Ullah Khan, AHCs (via video lin). oe
Respondent: - (State & another) by Mr. Haq Nawaz Khan, Adal: A.G.

Qadar Khan

VS

State & another

Law: Code of Criminal Procedure (CrPC), 1898

Section: 35, 369, 397, 561-A, 199

REMARKS

Sections of law;- Article 199 of Constitution of Pakistan, 1973
(a) Court has got ample powers U/Ss 35 r/w 369 & 397 Cr.P.C to make an order about altering or modification of a sentence awarded to an accused person.
(b) Where multiple sentences were awarded to an accused person in same trial or in a separate trial or in subsequent trial, the same shall run concurrently instead of consecutively.

Summary:Two-Word Description:
Sentence Concurrency
The petitioner/convict, Qadar Khan, filed a writ petition under Article 199 of the Constitution seeking clarification/modification of his life imprisonment sentences awarded on two counts of murder. The issue was whether the sentences should run concurrently or consecutively. The Court referred to sections 35, 369, 397, and 561-A Cr.P.C., along with relevant case law, and held that in absence of explicit reasoning for consecutive sentences, multiple sentences in a single trial should run concurrently. The petition was allowed, and the sentences were ordered to run concurrently.

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