2002 PLP 1166 (YLR)

Criminal Appeal No.289/97, 290/97, 291/97; 2000 PCr.LJ 1905, Writ Petitions Nos. 8795/96, 16836/96 and 11085/98 ref. Ch. Zahid Nawaz Cheema and Muhammad Rafiq Jathol for Appellants. Sheikh Afzaal Ahmad for the State. Through the instant petition the petitioners had sought direction to the jail authorities to treat the sentence of imprisonment for life awarded to the petitioner/appellants as concurrent. Briefly the facts of the case are that Raj Baig, Hakam Baig sons of Riaz Baig, Sikandar Baig son of Raj Baig, Muhammad Iqbal son of Wallayat Baig, Ashraf Baig son of Karamat Baig, Maratib Baig son of Inayat Baig and Rehmat Ali son of Asghar Ali were convicted by the learned Judge, ATA, Lahore vide judgment dated 11‑11‑1997 on three counts for causing death of Muhammad Raliq, Muhammad Latif and Muhammad Fayyaz and were sentenced to death on each count. They challenged their conviction and sentence through Criminal Appeal No. 661 of 1997 which was decided by this Court vide judgment dated 24‑1‑2001 whereby their conviction was maintained, however, the sentence was altered to imprisonment for life on each count with benefit of section 382‑B, Cr.P.C. The remaining sentences were kept intact. The report was called for from Superintendent, Central Jail, Lahore wherein it has been stated that as there was no mention in the judgment of this Court in the appeal that the sentences should run concurrent, therefore, according to the Jail record their sentence is being considered as consecutive under section 35(1), of Cr.P.C. Learned counsel for the petitioners/appellants ate for the State have been heard and record has peen perused. According to sections 35 and 397 of Cr.P.C., a person cannot be imprisoned for more than a period of 25 Years. After perusing the judgment dated 18‑10‑2000 passed by. Honourable Supreme Court in Criminal. Appeals No.289 of 1997, No.290 of 1997, 291 of 1997, and 2000 PCr.LJ 1905, and unreported judgments passed in Writ Petitions No.8795 of 1996 and No.16836 of 1996 and judgment passed by us in Writ petition No. 11085 of 1998 dated 4‑12‑2001 wherein on similar circumstances life imprisonment on different counts was ordered to run concurrently, we are persuaded to allow this petition and order that the sentence of the appellants/petitioners on different counts be considered to run concurrently. However, the other sentences will remain intact. N.H.Q./R‑115/L Petition accepted.