1996 P Cr (PLP)

CH. MUHAMMAD NASIM, J:-‑‑- Bashir Ahmad, Saghir Ahmad and Nazir Ahmad all sons of Ghulam Yaseen were tried by the learned Additional Sessions Judge, Multan on the basis of registration of F.I.R. No.134/86, dated 7‑4‑1986 at Police Station Mumtazabad, Multan at the instance of Rajab Ali complainant. The trial Court awarded each of them capital punishment and sentenced each of them to fine. They preferred the appeal. As contemplated under section 374, Cr.P.C. the murder reference was also sent by the trial Court. This Court confirmed the death sentence awarded to Bashir Ahmad while the sentence awarded to each of Saghir Ahmad and Nazir Ahmad petitioners was reduced to life imprisonment. They invoked the assistance of Honourable Supreme Court of Pakistan. There the leave to appeal was not granted. However, it was ruled that Bashir Ahmad petitioner No.l has earned the benefit of General Amnesty Order of the President of Pakistan issued in December, 1988. At present the position is that all the three petitioners, viz. Bashir Ahmad, Saghir Ahmad and Nazir Ahmad are undergoing life imprisonment each and have to pay the fine as well who are also undergoing imprisonment under section 337/34, P.P.C. on two counts and under section 452/34, P.P.C. and fine. All the sentences have to run concurrently. The present position is that the legal benefit provided under section 382‑B, Cr.P.C. has not been allowed to all the petitioners whereby the period of their detention in the judicial lock‑up has to be and can be reckoned towards the sentence being undergone by them. Through the making of this petition all the three petitioners are desirous to get the said legal benefit under section 382‑B, Cr.P.C.

2. We have heard the learned counsel for the petitioners as well as Mr. Muhammad Sarwar Bhatti, Assistant Advocate‑General. Learned counsel for the petitioners has relied on Abdul Malik v. The State 1991 SCMR 270 whereby benefit of section 382‑B, Cr.P.C. was allowed to the accused by the Supreme Court of Pakistan in a case the sentence of death was commuted to imprisonment for life due to the General Amnesty Order of the President, 1988. The same ruling was followed by this Court in Muhammad Hussain and others v. The State 1995 PCr.LJ 37 and was relied. It shall not be out of place to reproduce section 382‑B, Cr.P.C. as under for the sake of convenience:‑‑ "Where a Court decides to pass a sentence of imprisonment on an accused for an offence it shall take into consideration the period, if any, during which such accused was detained in custody for such offence. Appellate Court has power to apply this section."

3. Learned Assistant Advocate‑General appearing for the State has not been able' to take contrary stand in the matter and rightly in view of the aforesaid statutory law supported by the case‑law. Thus, benefit of E section 382‑B, Cr.P.C. is held to be the legal valuable right of the accused in case of his conviction in every circumstance and case. Consequently these petitioners are also held entitled to the benefit provided under section 382‑B, Criminal Procedure Code.

4. We, therefore, hold that this petition has the legal merit, which is accepted and each of the petitioner is allowed to derive the benefit contained under section 382‑B, Cr.P.C. N.H.Q./B‑171/L Petition accepted.