Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: FAYYAZ HUSSAIN and others VS Respondent: THE STATE
Court Name: Federal Shariat Court Judge(s): S. A. Rabbani Title: FAYYAZ HUSSAIN and others vs THE STATE Case No.: Criminal Appeal No,23-K of 2003 Date of Judgment:2005-11-18 Reported As: 2006 P Cr. L J 1996 Result: Order accordingly
JUDGMENT
JUDGMENT ' S.A. RABBANI, J.--- The applicants Fayyaz Hussain son of Mubarak, Fayyaz Ahmed son of Muhammad Ali and Aijaz Hussain son of Syed Pir Shah, committed two different offences at different time and places on the same date i,e, 1-5-1997. F.I.R. No,151 of 1997 was lodged at Clifton Police Station Karachi South in respect of a robbery in the house of complainant BarkatuIllah and F.I.R. No,84 of 1997 was recorded at T.P.X. Police Station Karachi West about the offences under sections 353 and 324, P.P.C. 2. On 27-4-2002 the 1st Additional Sessions Judge Karachi West convicted the applicants under section 324, P.P.C. Awarding them five years' rigorous imprisonment with a fine of Rs,5,000 each. Under section 353, P.P.C. They were awarded two years rigorous imprisonment and a fine of Rs,3,000. They were given benefit of section 382-B, Cr.P.C. In the other case, these applicants were convicted by IIIrd Additional Sessions Judge, Karachi South under section 392, P.P.C., with a sentence of five years rigorous imprisonment and a fine of Rs,5,000. This judgment was announced on 22-2-2003. 3. Through the present application, they seek an order for running sentences in the two cases concurrently. Mrs. Nasreen Zafar, learned counsel representing the applicants, submitted that the sentences awarded in the two cases may be ordered to run concurrently, under section 397, Cr.P.C. To provide appellants, an opportunity to mend themselves. She relied upon the case of Muhammad Imran v. The State SBLR 2001 FSC 50 where in this Court ordered running of sentences in many cases against the same convict to run concurrently. Mr. Arshad Lodhi, learned Assistant Advocate-General, is also of the view that a concession, in the form of relief under section 397, Cr.P.C. May provide an opportunity to the applicants to mend themselves.
---
## Page 2
4. In view of the case-law cited above, and the contention of the learned counsel, the application is allowed. The sentences of imprisonment awarded in two cases shall run concurrently. Application stands disposed of.