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The Compassionate Nature of Section 397 Cr.P.C., gives the Court Discretion to Mitigate the Hardships faced by Convicts in Peculiar Circumstances --- Lahore High Court

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The Compassionate Nature of Section 397 Cr.P.C., gives the Court Discretion to Mitigate the Hardships faced by Convicts in Peculiar Circumstances --- Lahore High Court

Islamabad 27-06-2024: In a recent judgment, the Lahore High Court, Rawalpindi Bench, has granted to the petitioner, a convict in two separate murder cases, the benefit of concurrent sentences. The ruling came after an extensive hearing on May 29, 2024 in case [Crl.Misc.No.729-M of 2024], presided over by Mr. Justice Sadaqat Ali Khan and Mr. Justice Ch. Abdul Aziz.

The petitioner was convicted and sentenced to death in two different cases (1) Case FIR No. 72/2005 which was registered on June 26, 2005, under Section 302 of the Pakistan Penal Code (PPC) at Police Station Jand, Attock and (2) Case FIR No. 145/2006 which was registered on September 30, 2006, under Sections 302 and 34 PPC at the same police station.

On December 23, 2009, the Trial Court awarded him death sentences for both cases. Subsequently, the Division Bench of the Lahore High Court converted these death sentences into life imprisonment on February 10, 2016. These decisions were later upheld by the Supreme Court of Pakistan on January 3, 2022.

The petitioner counsel, Malik Waheed Anjum, argued for the concurrent running of the life sentences under Section 397 of the Criminal Procedure Code (Cr.P.C.), which allows the Court to order that sentences run concurrently in the interest of justice and to avoid undue hardship.

The Court noted that failing to consider concurrent sentences would lead to excessive punishment, effectively negating the benefit of commuting the death sentences to life imprisonment. Mr. Justice Sadaqat Ali Khan emphasized the compassionate nature of Section 397 Cr.P.C., which gives the Court discretion to mitigate the hardships faced by convicts in peculiar circumstances.

The bench, after careful consideration, allowed petitioner’s petition, directing that his life sentences in both FIR No. 72/2005 and FIR No. 145/2006 run concurrently. This decision was made to ensure justice and minimize the harsh treatment of the convict.

This judgment reinforces the discretionary power of the courts to provide relief to convicts under Section 397 Cr.P.C. and highlights the judiciary’s role in balancing justice with compassion.

This decision marks a significant interpretation of Section 397 Cr.P.C., setting a precedent for similar future cases where concurrent sentencing could be considered to alleviate the punitive burden on convicts.