Citation Name: 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHOUKAT ALI vs I.G

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Citation Name: 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHOUKAT ALI VS I.G. PRISONS Ss. 35 & 397---Penal Code (XLV of 1860), Ss. 302(b), 324, 427 & 148---Anti-Terrorism Act (XXVII of 1997), S. 7(c)---Constitution of Pakistan, Art. 199---Constitutional petition---Qatl-i-amd, attempt to commit Qatl-i-amd, mischief causing damage, rioting armed with deadly weapons and act of terrorism---Concurrence of sentences---Two separate trials---Principle of hardship---Applicability---Serving of 50 years' sentence---Effect---Petitioner was convicted in two separate trials and was sentenced to imprisonment for life in each case---Sentences in both cases were to run concurrently---Petitioner sought his sentences in both the trials to run concurrently---Validity---Petitioner was admitted in jail on 31-1-2003 and his probable date of release was 20-08-2005---Besides provision of S. 35, Cr.P.C., provision of S. 397, Cr.P.C., altogether provided entirely a different proposition, widening scope of description of Court to direct that sentences of imprisonment or that of life imprisonment, awarded at the same trial, or at two different trials, but successively would run concurrently---Once the Legislation had conferred, such discretion in Court then in hardship cases, Court were required to seriously take into consideration the same to the benefit of accused, so that to minimize and liquidate hardship treatment, accused person was to get and to liquidate the same as far as possible---Petitioner had already undergone 24 years, 01 month and 07 days of his sentence, so awarded and according to calculation chart, provided in the jail report, total period of imprisonment had come to 50 years---Petitioner had made out case of detestable hardship, which in no circumstances would go unnoticed, like in the past---High Court directed that sentences in both the trials were to run concurrently by extending concession to petitioner---Constitutional petition was allowed in circumstances. Citation Name: 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHOUKAT ALI VS I.G. PRISONS Liberty of a person---Two interpretations---Principle---Interpretation which curtails liberty of a person that should be construed very strictly---If two equal interpretations are possible, the one favorable would be extended to accused and his liberty must be adopted and preferred upon the contrary one. Citation Name: 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHOUKAT ALI VS I.G. PRISONS Criminal justice system--- Punitive law--- Applicability--- While interpreting punitive law Courts are required to strive in search of an interpretation which prefers liberty of a person instead of curtailing the same and that too unreasonably and unfairly, unless statutory law clearly directs otherwise.

Citation Name: 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHOUKAT ALI vs I.G — 2023 PCrLJ 169 LAHORE-HIGH-COURT-LAHORE

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