| Case ID |
0ba49ae1-17f1-4075-8a86-097c3527dc7a |
| Body |
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| Case Number |
Crl. Misc. No. 729-M of 2024 |
| Decision Date |
May 29, 2024 |
| Hearing Date |
May 29, 2024 |
| Decision |
The Lahore High Court allowed the petition of Sher Afzal, the convict, seeking to run his sentences of imprisonment concurrently. The court found that there was no harm in treating the sentences of life imprisonment from two different cases concurrently. The court referenced Section 397 of the Criminal Procedure Code, which allows for concurrent sentences, indicating that the discretion lies with the court to grant such benefits to convicts in cases of a peculiar nature. The petitioner was previously sentenced to death in two cases, which were later converted to life imprisonment. The court took into consideration the hardship faced by the convict and concluded that extending the benefit of concurrent sentences aligns with justice and compassion. |
| Summary |
In the case of Sher Afzal versus State, the Lahore High Court addressed the issue of whether sentences from two different cases could be served concurrently. The petitioner, Sher Afzal, was convicted of murder under various sections of the Pakistan Penal Code and sought relief under Section 397 of the Criminal Procedure Code. The court emphasized the compassionate nature of the law, allowing for concurrent sentences to mitigate the hardships faced by convicts. The decision highlighted the importance of judicial discretion in ensuring fair treatment, especially in cases where multiple convictions exist. This case sets a precedent for future applications of concurrent sentencing, emphasizing justice and the humane treatment of individuals sentenced under severe circumstances. Keywords such as 'concurrent sentences', 'Lahore High Court', 'Criminal Procedure Code', and 'Pakistan Penal Code' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Sadaqat Ali Khan,
Ch. Abdul Aziz
|
| Lawyers |
Malik Waheed Anjum,
Mr. Sajjad Ahmad Bhatti,
Mr. Muhammad Bashir Paracha
|
| Petitioners |
Sher Afzal
|
| Respondents |
STATE
|
| Citations |
2024 SLD 3308,
2024 PLJ 973
|
| Other Citations |
2018 SCMR 418
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
397,
497,
302,
324,
34
|