Pakistan Case Law
1986 SCMR 1627

MUHAMMAD ITTEFAQ vs The STATE

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Citation1986 SCMR 1627
CourtSupreme Court of Pakistan
Case No.Criminal Miscellaneous No. 90-R of- 1985 in Criminal Appeal No. 129 of 1977
Date1986-06-10
Judge(s)Muhammad Haleem, C.J., Muhammad Afzal Zullah, Shafiur Rahman, Ali Hussain Qazilbash and Mian Burhanuddin Khan
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a correction in a sentencing order where the trial court, having originally awarded death sentences, failed to specify that the subsequent sentences of imprisonment for life and imprisonment under section 307 of the Pakistan Penal Code 1860 should run concurrently. The Supreme Court observed that the consecutive running of these sentences violated the statutory requirements set forth in the Code of Criminal Procedure 1898. Specifically, the Court noted that the trial court's omission to order concurrent sentencing was an error in light of the modification of the original death penalty. Relying on established precedent and the interest of justice, the Court held that all sentences of imprisonment awarded to the petitioner must run concurrently rather than consecutively. This judgment reaffirms the principle that where multiple sentences of imprisonment are imposed, the court must ensure compliance with the statutory provisions governing the concurrent running of such sentences to avoid illegality.

Questions settled in this judgment
  • Does the consecutive running of multiple sentences of imprisonment violate the Code of Criminal Procedure 1898?
  • Can the Supreme Court direct that sentences of imprisonment run concurrently when the trial court failed to specify such an order?
Laws & provisions referred
  • Section 302, Pakistan Penal Code 1860
  • Section 34, Pakistan Penal Code 1860
  • Section 307, Pakistan Penal Code 1860
  • Section 35(2), Code of Criminal Procedure 1898
concurrent sentencessentencing errorimprisonment for lifecriminal procedurecorrection of order

ORDER

1. While restoring the order of the trial Court, no direction was made for the concurrent running of the sentences of imprisonment for life on two counts under section 302, P.P.C. Read with section 34, P.P.C. And the sentences of imprisonment awarded again on two counts under section 307, P.P.C.

2. Read with section 34, P.P.C. This error crept in because the trial Court had awarded death sentences to the petitioner. The consecutive running of the sentences is violative of Proviso (a) to section 35(2) of the Criminal Procedure Code. Reference in this regard may be made to Javed Shaikh v. The State 1985 SCM R 153. In one other case namely Criminal Review Petition No. 4-R of 1985, there was also an omission and this Court had ordered for the concurrent running of sentences of imprisonment.

3. Accordingly, we, in the interest of justice, direct that all these sentences of imprisonment should run concurrently.

Cited by 19 cases

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