Law:

Section:

Penal Code (XLV of 1860)---Ss. 65, 71, 420, 468 & 471---Constitution of Pakistan (1973), Art. 185(3)-Imprisonment in lieu of fine---Consecutive running---Maximum limit---.Accused was convicted and sentenced under Ss.420, 468 & 471, P.P.C. by Trial Court and fine was also imposed---High Court reduced the sentence to one already undergone but maintained the fine and directed that in case of failure to pay fine, the sentences in lieu thereof would run consecutively---Plea raised by accused was that consecutive running of sentence was violative of mandatory provisions of law---Validity---If Court directed the offender to be imprisoned for default of payment of fine, under S.65, P.P.C., such imprisonment could not exceed 1/4th of the term of imprisonment which was the maximum fixed for the offence---If sentences awarded to accused in lieu of fine were to run consecutively, they would exceed more than 1/4 of the maximum sentence provided under S.420, P.P.C., which would be violative of S.71, P.P.C.---Supreme Court directed that sentences awarded in lieu of payment of fine would run concurrently---Petition was disposed of. Mian Khan v. Government of the Punjab through Secretary, Horne Department, Civil Secretariat, Lahore and others 2005 PCr.LJ 627 ref. ORDER TASSADUQ HUSSAIN JILLANI, J.----Petitioner was tried by the learned Special Judge (Offences in Respect of Banks), Lahore in the case registered vide F.I.R. No:32 dated 26-7-1995 under sections 409, 420, 467, 471-A/109, P.P.C. and 5(2) 47, P.C.A. at Police Station F.I.A. C.B.C. Lahore and vide the judgment dated 17-11-2005 he was convicted and sentenced as follows:-- "(i) Under section 420, P.P.C. for 7 years plus fine of Rs.20,000 or in default 171/2 years. (ii) Under section 468, P.P.C. 4 years and fine of Rs.1,00,000 or in default 1 year. (iii) Under section 471, P.P.C. for 3 years fine of Rs.1,00,000 and in default 1 year. There was no mention of section 382-B, Cr.P.C. however, all the sentences ware ordered to be run consecutively." 2. In appeal before the learned High Court petitioner did not challenge the conviction but only prayed that his sentence be reduced to what he had already undergone.…

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