1993 PLP 536 (MLD)
ALAM KHAN and 3 others — Appellants Versus THE STATE — Respondent
| Citation | 1993 PLP 536 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ALAM KHAN and 3 others — Appellants Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 PLP 536 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 536 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 536 (MLD) (ALAM KHAN and 3 others — Appellants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Asghar Rokhri for Petitioners.
Headnotes / Summary
Ss.369, 382-B & 561-A
Penal Code (XLV of 1860), S.307/34
Benefit under S.382-B, Cr.P.C.
Accused, who were convicted and sentenced, were not granted benefit of S.382-B', Cr.P.C.
High Court under S.561-A. Cr.P.C, could entertain application and grant relief under S.382-B, Cr.P.C., in caws already decided in its appellate and revisional jurisdiction as prohibition contained in S.369, Cr.P.C. did not pertain to High Court
Accused was granted benefit under S.382-B, Cr.P.C. as prayed for by them.
Judgment & Decree
Ss.369, 382-B & 561-A
Penal Code (XLV of 1860), S.307/34
Benefit under S.382-B, Cr.P.C.
Accused, who were convicted and sentenced, were not granted benefit of S.382-B', Cr.P.C.
High Court under S.561-A. Cr.P.C, could entertain application and grant relief under S.382-B, Cr.P.C., in caws already decided in its appellate and revisional jurisdiction as prohibition contained in S.369, Cr.P.C. did not pertain to High Court
Accused was granted benefit under S.382-B, Cr.P.C. as prayed for by them. Zulfiqar Ali v. The State PLD 1984 Lah. 461 ref. M. Asghar Rokhri for Petitioners. Qazi Muhammad Latif for the State Alam Khan and Sher Khan were convicted by the Judicial Magistrn Section 30, Mianwali on 9-1-1990 under section 307/34, P.P.C. and sentence to five years' R.I. They filed an appeal, which was dismissed by this Court o. 28-11-1990. No order, however, was passed with regard to the grant of benefit to them under section 382-B, Cr. P.C. They have now applied for x-rant of the same. Learned counsel appearing on their behalf has cited Zulfiqar Ali v. The State (PLD 1984 Lahore 461) (Full Bench) wherein it was held that prohibition contained in Section 369, Cr.P.C. does not pertain to the High Court and that High Court under section 561-A, Cr.P.C. can entertain the application an grant relief under section 382-B, Cr.P.C. in cases already decided in its appellate or revisional jurisdiction. In this view of the matter, the application is granted and it is ordered that the petitioners, mentioned above, shall also be given the benefit of section 382-B, Cr.P.C. The jail authorities shall make necessary computation. H.B.T./A-254/L Application granted