Pakistan Case Law
2014 SCMR 668

MUHAMMAD SHARIF vs The STATE

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Citation2014 SCMR 668
CourtSupreme Court of Pakistan
Case No.Criminal Suo Motu Review Petition No,8 of 2013 in Criminal Appeal No,598 of
Date2014-01-10
Judge(s)Asif Saeed Khan Khosa, Ijaz Ahmed Chaudhry and Gulzar Ahmed
Authored byAsif Saeed Khan Khosa
ResultReview accepted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a review proceeding before the Supreme Court of Pakistan concerning the sentencing of the petitioner. The core legal question addressed is whether sentences for offences committed as parts of the same transaction, including murder, wrongful confinement, and abduction, ought to run concurrently. The court held that since the offences were parts of the same transaction, the sentences passed for them should ordinarily run concurrently, an aspect that had escaped notice in the original judgment. The review was consequently allowed, and it was ordered that all sentences of imprisonment passed against the petitioner shall run concurrently. The key principle laid down is that sentences for multiple offences committed during the same transaction should generally be ordered to run concurrently.

Questions settled in this judgment
  • Should sentences for offences committed as parts of the same transaction ordinarily run concurrently?
  • Can the Supreme Court allow a review to correct an oversight regarding the running of sentences?
  • Whether sentences of imprisonment for murder, wrongful confinement, and abduction committed in the same transaction should run concurrently?
suo motu reviewconcurrent sentencessame transactioncriminal sentencingsupreme court

ORDER

1. 'ASIF SAEED KHAN KHOSA, J.---The offences committed by the petitioner in respect of murder, wrongful confinement and abduction were parts of the same transaction and, thus, ordinarily the sentences passed for such offences ought to have been ordered to run concurrently to each other.

2. It appears that in the judgment under review this aspect of the matter had escaped the notice of this Court. The Suo Motu Review is, therefore, allowed and it is ordered that all the sentences of imprisonment passed against the petitioner shall run concurrently to each other. Disposed of.

3. Review accepted.

Cited by 7 cases

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