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| 2026 SLG 22 2026 SLD 22 = 2025 LHC 4983 |
Writ Petition No.2760/2025
PRESENT; (Ch. Sultan Mahmood) JUDGE (Farooq Haider) Judge
Date of hearing: 10.07.2025 Petitioner by: Ch. Rab Nawaz, Advocate. State/respondent No.1 as well as respondent No.2 by: Ms. Khalida Parveen, Additional Advocate General, Punjab.
Respondents No.3 and 4 by: Nemo.
Respondents No. 3 and 4 have already been proceeded against ex-parte vide order dated: 09.07.2025 passed by this Court.
Muhammad Gulzar
VS
The State, etc.
Law: Code of Criminal Procedure, 1898
Section: 35, 397, 382-B, 561-A
Summary
The High Court allowed the constitutional writ petition and directed that the sentences awarded to the petitioner in two separate murder cases shall run concurrently, except for sentences awarded in default of payment of compensation, fine, or Daman. The Court held that it possesses jurisdiction under Sections 35, 397 and 561-A Cr.P.C. to order concurrency of sentences even where such direction was not expressly given by the trial or appellate courts. The continued detention of the petitioner on the basis of consecutive computation by jail authorities was found unjustified in the facts and circumstances of the case.
Tag Line
Criminal law — Multiple convictions — Concurrent sentences — Powers of High Court — Sections 35, 397 & 561-A Cr.P.C. — Jail authorities’ computation — Constitutional jurisdiction — Writ allowed
ORDER;