Citation Name: 2024 MLD 1955 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ejaz vs State Ss

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Citation Name: 2024 MLD 1955 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ejaz VS State Ss. 35 & 397---Penal Code (XLV of 1860), Ss. 302(b), 324, 427 143, 147, 399, 353 & 34---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage, rioting, attempt to commit robbery or dacoity when armed with deadly weapon, assault or criminal force to deter public servant from discharge of his duty, common intention---Punishment---Concurrence of sentences---Four separate trials---Principle of hardship---Applicability---Serving of 10 years' sentence---Effect---Petitioner was convicted in four different cases and was sentenced to imprisonment for life and other imprisonments---Petitioner sought his sentences in all the four trials to run concurrently---Validity---Section 397, Cr.P.C, demonstrates that when a convict is serving his substantive sentence of imprisonment and subsequently is convicted in another offence or trial, the Court has the discretion to consolidate the computation of several sentences passed in different cases---Perusal of the nominal role of convict submitted by the concerned Jail Authority revealed that the accused had been awarded a sentence of thirty-seven (37) years with a fine of Rs. 154,000/- or in default of payment of fine, to suffer imprisonment for eighteen (18) months in the said cases---Accused had served ten (10) years and earned eight (08) years, five (05) months, seventeen (17) days remission, while eighteen (18) years, ten (10) months and thirteen (13) days were remaining---Aim of imprisoning a person is to reform him in the period of incarceration, so he may join the society as a peaceful and law-abiding citizen---In view of the peculiar facts and circumstances, the case of accused was one of hardship, as such, he was entitled to the relief claimed for---Criminal Miscellaneous was allowed, consequently, the sentences awarded to the accused in all the four cases were ordered to run concurrently with benefit of S.382-B Cr.P.C.

Citation Name: 2024 MLD 1955 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ejaz vs State Ss — 2024 MLD 1955 QUETTA-HIGH-COURT-BALOCHISTAN

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