| Case ID |
424848c6-ee15-42ab-8c41-497a8f3c8953 |
| Body |
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| Case Number |
Criminal Suo Motu Review Petition No.47 of 2011 |
| Decision Date |
Sep 27, 2012 |
| Hearing Date |
Sep 12, 2012 |
| Decision |
The Supreme Court dismissed the Criminal Suo Motu Review Petition filed by Ghulam Farid, who sought concurrent sentencing for two separate murders. The Court held that the murders were distinct, occurring at different locations, with separate motives. The evidence presented indicated that the petitioner committed two heinous acts reflecting a morbid character, and the circumstances did not warrant the exercise of discretion to allow concurrent sentences. The established legal principle under Section 397 of the Criminal Procedure Code states that consecutive sentences are the norm unless exceptional circumstances justify concurrent sentences. |
| Summary |
In the case of Ghulam Farid vs. The State, the Supreme Court of Pakistan addressed the issue of concurrent versus consecutive sentences under the Criminal Procedure Code. The petitioner, Ghulam Farid, was convicted of two separate murders committed on the same day but at different locations. The Court analyzed the facts and circumstances surrounding the killings, noting the gruesome nature of the crimes and the distinct motives behind them. The Court emphasized that under Section 397 of the Criminal Procedure Code, consecutive sentences are the general rule, with concurrent sentences being an exception reserved for cases where the offenses are closely related. The court reaffirmed its stance that the discretion to allow concurrent sentences should be exercised cautiously and only in compelling circumstances. This case highlights the legal principles surrounding sentencing in criminal law, particularly in cases involving multiple offenses. Keywords related to this case include 'concurrent sentences,' 'criminal procedure,' 'Supreme Court of Pakistan,' 'murder convictions,' and 'legal principles.' |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN JILLANI,
MIAN SAQIB NISAR,
SARMAD,
JALAL OSMANY
|
| Lawyers |
Niaz Ahmed Rathore,
Ch. Zubair Ahmed Farooq
|
| Petitioners |
GHULAM FARID
|
| Respondents |
THE STATE
|
| Citations |
2013 SLD 1480,
2013 SCMR 16
|
| Other Citations |
Abdul Ghafoor v. The State 2007 YLR 700,
Niaz Ali v. The State PLD 1961 (W.P.) 269,
Abdul Hamid v. The State 1990 PCr.LJ 568,
Ahmed Sultan v. State 2007 SCMR 1424,
Shamshad Hussain v. The State 2002 MLD 1079,
Nek Muhammad v. The State PLD 2007 Kar. 62,
Ahmad and others v. The State 1991 PCr.LJ 1445
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979),
Constitution of Pakistan
|
| Sections |
397,
302,
449,
338-A,
12,
188
|