Courts Must Exercise Discretion in Favour of Accused on Concurrent Sentences, SC Rules

By Khudayar Mohla

2 min read

September 3, 2025

ISLAMABAD – The Supreme Court of Pakistan has ruled that courts are empowered to direct that sentences for multiple convictions should run concurrently rather than consecutively. This decision, announced by a three-member bench, emphasizes that judicial discretion should ordinarily be exercised in favor of the accused, especially in case of a minor.
In a reported verdict, the bench, consisting of Justice Jamal Khan Mandokhail, Justice Athar Minallah, and Justice Malik Shahzad Ahmad Khan, delivered the verdict in the case of Noor Muhammad etc. v. The State (Jail Petitions Nos. 603/2017, 442/2019, 443/2019 & 444/2019). The case involved a petitioner who had been convicted in three separate cases and was sentenced to multiple prison terms, including life imprisonment.

After the High Court dismissed his appeals, he filed petitions with the apex court. In its analysis, the Supreme Court reaffirmed the principle established in Mst. Shahista Bibi’s case, which held that sentences of imprisonment or life imprisonment, whether from the same trial or separate trials, must run concurrently. The court highlighted that this principle is based on Section 397 of the Code of Criminal Procedure (CrPC).
The ruling reasserts the judiciary’s duty to balance penal consequences with fairness, ensuring that punishment for multiple offenses doesn’t become disproportionately harsh. The court stressed that the power to order concurrent sentences under Section 397 CrPC should be used to benefit the accused unless there are exceptional circumstances that warrant otherwise.