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The Sentences for Offenses arising from the same Transaction must run concurrently u/s 397 Cr.P.C. --- Supreme Court of Pakistan

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The Sentences for Offenses arising from the same Transaction must run concurrently u/s 397 Cr.P.C. --- Supreme Court of Pakistan

Islamabad 16-01-2025: The Supreme Court of Pakistan, in a significant ruling, modified the sentences of a Petitioner convicted in multiple criminal cases, ensuring all sentences would run concurrently under Section 397 of the Code of Criminal Procedure (Cr.P.C.). The decision was issued in [Jail Petitions Nos. 603/2017, 442/2019, 443/2019, and 444/2019], filed by Noor Muhammad and Fazal Muhammad, challenging their convictions and sentences under various offenses.

The case originated from incidents that occurred in 2006, involving multiple First Information Reports (FIRs):

[FIR No. 83/2006]: Conviction under Sections 364/34 of the Pakistan Penal Code (PPC) for kidnapping for ransom, resulting in life imprisonment.
[FIR No. 91/2006]: Conviction under Sections 353 and 186 PPC, read with Section 7 of the Anti-Terrorism Act, 1997 (ATA), for attacking police officials, with a sentence of two years’ rigorous imprisonment and a fine.
[FIR No. 93/2006]: Conviction under Section 13(e) of the Arms Ordinance, 1965, for possession of illegal firearms, leading to seven years of rigorous imprisonment.

The Petitioner argued that all offenses arose from the same transaction and sought the application of Section 397 Cr.P.C., which allows sentences to run concurrently.

The Supreme Court of Pakistan acknowledged that the offenses were part of the same transaction and ruled that the sentences should run concurrently, citing Section 397 Cr.P.C.

Considering the petitioner was a minor at the time of the offense and had been incarcerated since 2006, the Court exercised leniency and granted relief. The judgment relied on precedents, including the Rahib Ali Case (2018 SCMR 418) and the Mst. Shahista Bibi Case (PLD 2015 SC 15).

The Court extended the benefit of Section 382-B Cr.P.C., deducting the time already spent in custody from the substantive sentence.

The Supreme Court of Pakistan upheld the convictions but modified the sentences, directing that all sentences should run concurrently. The petitions were dismissed with this modification, providing substantial relief to the petitioner.