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Citation Name: 2024 PCrLJ 2045 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sher Afzal vs State Ss — 2024 PCrLJ 2045 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PCrLJ 2045 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 2045 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sher Afzal vs State Ss
Subject matter
Criminal
Provisions referred to
S. 397

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PCrLJ 2045 LAHORE-HIGH-COURT-LAHOREBookmark this Case Sher Afzal VS State Ss.397 & 561-a---Concurrent running of sentences awarded to convict in separate trials---Scope---Discretionary power of courts to order life sentence awarded in two separate trials to run concurrently---Scope---Death sentences of convict were converted into life imprisonment in one case by High Court and in second case by the Supreme Court---Legislation under S. 397, Cr.P.C., is quite compassionate having tender feelings and has empowered the courts to order the subsequent sentence to run concurrently to the previous sentence of a convict---This is the entire discretion and appanage of the Court to exercise its powers moderately and judiciously---When the universal principle of law is to be given effect in case of punishment, it is for the Courts to interpret the law where liberty of convict is to be given preference instead of curtailing it---Once the legislation has conferred the above discretion upon the Court then in hardship cases, Courts are required to take into consideration thesame with immense seriousness to the benefit of a convict to minimize and liquidate the hardship treatment---Benefit of beneficial provision in favour of the petitioner would clearly meet the ends of justice, therefore, in view of the facts and circumstances of this case, there was no wrong and harm in treating both the sentences of imprisonment for life of the petitioner to run concurrently---Constitutional petition was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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