GUL MUHAMMAD vs State S — 2021 YLR 1302 PESHAWAR-HIGH-COURT

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GUL MUHAMMAD VS State S. 302(b)---Pakistan Arms Ordinance (XX of 1965), 13---Criminal Procedure Code (V of 1898), Ss. 382-B, 35 & 397---Constitution of Pakistan, Art. 199---Constitutional petition--- Qatl-i-amd, possessing illicit weapon---Hardship case---Sentence on offender already sentenced for another offence---Petitioner had undergone two separate trials under two FIRs and had been convicted and sentenced for both the offences separately---Petitioner was undergoing his sentence under S.302, P.P.C. without having the benefit of S.382-B, Cr.P.C. and his probable date of release would be 23.09.2021, as stated by the jail authorities in their comments---After completing his sentence under S.302(b), P.P.C., petitioner would then start suffering his sentence of three years imprisonment under S. 13 Pakistan Arms Ordinance, 1965 and his probable date of release was 22.03.2023---Petitioner had further contended in his petition that he had been bedridden, lying in jail premises without having proper attendance of family members and was lying in a miserable condition, thus, prayed for ordering of concurrent running of sentences; grant of benefit under S.382-B, Cr.P.C.; grant of remission to the convict/petitioner for his remaining sentence of imprisonment---Validity---Held, charitable view is normally taken by courts of law in the matter of sentences affecting deprivation of life or liberty of a person while exercising enabling powers under Ss.35 & 397, Cr.P.C.---All the offences for which the petitioner had been convicted by the courts below had been committed in one and the same transaction and thus, it would serve the interests of justice if all the sentences of imprisonment passed against the petitioner were ordered to run concurrently---Both the issues i.e. concurrent running of the sentences as well as giving benefit under S.382-B, Cr.P.C. did not seem to be a deliberate decision of the court, recorded expressly or alluded to impliedly, but appeared to be the result of lack of proper assistance--- High Court, in circumstances, directed that both the sentences i.e. sentence under S.302(b), P.P.C. as well as sentence under S.13 Pakistan Arms Ordinance, 1965 to run concurrently---Benefit of S.382-B, Cr.P.C. was also ordered to be given to the petitioner in his sentence of life imprisonment under S.302(b), P.P.C.---Jail authorities did not deny the state of health of petitioner, as described in the Constitutional petition and annexed report of Medical Officer of District Jail with their comments---Petitioner was an old and infirm person who was bedridden and lying in jail hospital---Law and Constitution vested the powers of granting of remission in various authorities on the executive side---Prison Rules contained in the Jail Manual also clothed the jail authorities with the powers to release a lifer who had undergone a minimum of fifteen years substantive imprisonment under R.140 of Jail Manual---Law vested powers with a purpose and object---If such a discretion or power was not exercised in appropriate and deserving cases, the very purpose of law might be defeated---High Court observed that, there would be hardly a case more appropriate for exercise of such discretion or power than the present case, Superintendent District Jail was directed to place the case of petitioner for grant of remission to the appropriate authority---Secretary Home, would also consider release of petitioner on probation under the "Good Conduct Prisoners' Probational Release Act, 1926", pending decision of the appropriate authority regarding grant of the remission---Constitutional petition was disposed of accordingly.

GUL MUHAMMAD vs State S — 2021 YLR 1302 PESHAWAR-HIGH-COURT

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