Qadar Khan vs State Ss — 2025 PCrLJ 1723 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 PCrLJ 1723 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: PCRLJ
Parties: Qadar Khan vs State Ss
Subject matter: Criminal
Provisions referred to: S. 302; S. 561-; Penal Code (XLV of 1860)

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

Qadar Khan VS State Ss. 35, 369, 397 & 561-a---Penal Code (XLV of 1860), S.302(b)---Constitution of Pakistan, art. 199---Constitutional petition---Sentence, running of---Consecutive/concurrent---Scope---Petitioner/convict was aggrieved of non-mentioning of mode of running of imprisonment for life on two counts in the judgment of conviction passed by Trial Court---Validity---Charitable view is normally taken by Court of law, in the matter of sent ences affecting deprivation of life and liberty of a persons while exercising enabling powers under Ss. 35 and 397, Cr.P.C.---High Court has inherent jurisdiction vested in it under S.561-a, Cr.P.C as well under art. 199 of the Constitution---Provision of S.561-a, Cr.P.C. is itself of wider amplitude wherein any order may be passed in the interest of justice and for preventing abuse of process of law---This is the case with art.199 of the Constitution which empower High Court even in a larger and much broader sense to do substantial justice regarding redressal of an aggrieved person---Petitioner / convict had no one to pursue his/her cause, as he was confined behind the doors of jail and any delay in seeking such remedy was immaterial---High Court in exercise of Constitutional jurisdiction modified/rectified judgment of conviction under S.302(b) by Trial Court and directed sentences of imprisonment for life on two counts to run concurrently---Constitutional petition was allowed accordingly.

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