This criminal appeal before the Supreme Court of Pakistan arose out of a case involving convictions under Sections 302(b), 324, 337-D, and 337-F(iii) of the Pakistan Penal Code (P.P.C.) following an incident on 30.08.1994. The trial court had sentenced the appellant to death on two counts of murder, which the High Court subsequently converted to life imprisonment while maintaining the remaining convictions and sentences. Leave to appeal was granted by the Supreme Court solely to examine whether the High Court should have ordered the multiple sentences of imprisonment passed against the appellant to run concurrently rather than consecutively. Reaffirming and applying the precedent established in Shah Hussain v. The State (PLD 2009 SC 460), the Supreme Court held that ordinarily, multiple sentences of imprisonment for life awarded to a convict are to run concurrently. Consequently, the Supreme Court directed that all sentences of imprisonment passed against the appellant shall run concurrently, with the benefit of Section 382-B of the Code of Criminal Procedure (Cr.P.C.) extended to him.
ASIF SAEED KHAN KHOSA, J.--- Criminal Miscellaneous Application No, 889 of 2011.
For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Appeal No,294 of 2011 is condoned. Disposed of.
Criminal Appeal No, 294 of 2011.
2. For causing the murder of Waseem Ahmed and Hafeez Ahmed and also for causing injuries to Muhammad Amin and Muhammad Akhtar at about 9.00 p.m. On 30.08.1994 Ishfaq Ahmed appellant was booked and tried in case FIR No, 442 registered at Police Station Factory Area, Faisalabad during the same night and after a regular trial he was convicted and sentenced by the trial Court for offences under sections 302(b), 324, 337-D and 337-F(iii), P.P.C. And on two counts of the charge under section 302(b), P.P.C. He was sentenced to death. On appeal the High Court converted the sentences of death passed against the appellant on both the counts of the charge under section 302(b), P.P.C. To imprisonment for life whereas the remaining convictions and sentences of the appellant were maintained by it. Leave to appeal had been granted by this Court on 21.07.2011 only to consider as to whether the High Court ought to have ordered concurrent running of all the sentences of imprisonment passed against the appellant or not. It has already been held by this Court in the case of Shah Hussain v. The State (PLD 2009 SC 460) that ordinarily more than one sentences of imprisonment for life passed against a convict are to be ordered to run concurrently to each other. Following the said precedent it is ordered that all the sentences of imprisonment passed against the appellant shall run concurrently to each other and the benefit under section 382-B, Cr.P.C. Shall be extended to him. This appeal is disposed of in1B these terms.
Criminal Miscellaneous Application No, 357 of 2014
3. As the main appear has been disposed of by this Court today, therefore, this miscellaneous application seeking interim relief has lost its relevance. Disposed of.