Law: Pakistan Penal Code, 1860

Section: 57

Law: Criminal Procedure Code (V of 1898)

Section: 35,397

Penal Code (XLV of 1860)--- ----S. 57---Criminal Procedure Code (V of 1898), Ss.35 & 397---Constitution of Pakistan (1973), Art.185(3)---Sentences in one trial--Concurrent or consecutive---Grievance of complainant was that sentences of life imprisonment awarded to convicts on four counts should run consecutively----Validity---Aggregate of punishments of imprisonment for several offences at one trial was deemed to be a single sentence, under S.35, Cr.P.C. and there could not be more than one life sentence at one trial---Position of a person was different under S.397, Cr.P.C., who, while already undergoing a sentence of imprisonment for life, was subsequently convicted and sentenced on another trial---Such subsequent sentence would commence at expiration of imprisonment for life for which he had been previously sentenced---Provision of S.397, Cr.P.C. even in such cases, expressly enabled the Court to direct that subsequent sentence would run concurrently with previous sentence---Nothing was wrong in treating sentences of imprisonment for life of convicts on four counts to run concurrently--Convicts had already been released after serving out their legal sentences, passed by High Court declining to direct sentences run consecutively, did not suffer from any legal infirmity so as to warrant interference by Supreme Court---Leave to appeal was refused. Juma Khan and another v. The State 1986 SCMR 1573; Javaid Shaikh v. The State 1985 SCMR 153; Khan Zaman and others v. The State 1987 SCMR 1382; Muhammad Ittefaq v. The State I986 SCMR 1627 and Abdul Malik and others v. The State and others PLD 2006 SC 365 rel. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks grant of leave to appeal under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, against the impugned judgment, dated 4-12-2001, passed by a learned Division Bench of the Lahore High Court, in Writ Petition No.11085 of 1998. 2. The petitioner lodged F.I.R. No.249 of 1989 (Exh.P.KK.) dated 18-5-1989 against Ilyas, Ashiq, Ansar, Khuda Yar and Yasin at Police Station Arif Wala, District Sahiwal (now District Pakpattan) under sections 302, 148, 149, P.P.C. for the murder of Ali…

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