| Citation(s) |
|---|
| 2026 SLG 1530 2026 SLD 1530 = 2026 PLJ 111 |
Lahore High Court, Multan Bench, Multan
W.P. No. 13501 of 2024, heard on 29.4.2025.
Presented By: Muhammad Amjad Rafiq, J.
Ch. Umar Hayat, Advocate for Petitioner. Mr. Muhammad Usman Sharif Khan Khosa, Advocate/amicus curiae. Ms. Samina Mahmood Rana, Assistant Advocate General with Arshad Ali, Superintendent Central Jail, Multan for
Respondents. Date of hearing: 29.4.2025.
W.P. No. 13501 of 2024, heard on 29.4.2025.
Presented By: Muhammad Amjad Rafiq, J.
Ch. Umar Hayat, Advocate for Petitioner. Mr. Muhammad Usman Sharif Khan Khosa, Advocate/amicus curiae. Ms. Samina Mahmood Rana, Assistant Advocate General with Arshad Ali, Superintendent Central Jail, Multan for
Respondents. Date of hearing: 29.4.2025.
SAGHIR HUSSAIN--Petitioner
VERSUS
STATE, etc.--Respondents
Law: Constitution of Pakistan, 1973
Section: 199
Law: Pakistan Penal Code, 1860
Section: 302, 460, 411, 34
Law: Criminal Procedure Code, 1898
Section: 35, 382-B, 410, 423
Law: Pakistan Prisons Rules, 1978
Section: 199
PLJ 2026 Lahore 111 [Multan Bench Multan] Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 460, 411 & 34--Criminal Procedure Code, 1898 (V of 1898), Ss. 35, 382-B, 410 & 423--Writ of mandamus--Death sentence--conviction & sentence--Appeals--Dismissed--Application to Supreme Court for conversion of death sentence--Life imprisonment for three decades--Benefit of Section 382-B extended--Consecutive sentence--Remission--Computation--Petitioner had been informed that benefit of Section 382B of Cr.P.C. had been extended to him by order of Supreme Court of Pakistan, yet his under trial period of detention of 0I year, 7 months and 24 days had been counted only once--Section 382B was inserted in Code of Criminal Procedure 1898, through Law Reforms Ordinance 1972--As per facts of case, petitioner and others though were sentenced to death on three counts yet they were primarily serving out sentence of imprisonment for life under Section 460 of PPC when from Supreme Court their sentence of death under Section 302/34 PPC was altered to imprisonment for life on three counts which by all means would be construed that they were sentenced to further imprisonment later--Thus, Section 397, Cr.P.C. shall come into play--Direction of Supreme Court for consecutive sentences on three counts raised period of detention for petitioner and others to 100 years--Similarly, Rule 40 of Prisons Rules explains date of release when two or more sentences were running consecutively--From above discussion, it is clear that sentence of imprisonment for life on four counts passed against petitioner and other accused, aggregate whereof is 100 years, would be considered as single sentence, for which benefit of Section 382B of Cr.P.C. shall be counted only once which is logical and in accordance with scheme of consecutive running of sentences. …