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Civil Petition for Leave to Appeal No. 230 of 1982, decided on 23rd e June, 1982.

Criminal Procedure Code (V of 1898)‑

‑‑. S. 382‑B‑Sentence‑Detention period, consideration of‑Accused remained in detention during hearing of appeal against acquittal such period, held, can be counted towards period of sentences suffered by him.

Ali Sher v. The State and others P L D 1980 S C 487 and Manzur Ahmad v. The State 1981 S C M R 260 rel.

Ch. Muhammad Yaqub Sidhu, Advocate Supreme Court with Iqbal Ahmad Khan Qureshi, Advocate‑on‑Record for Petitioner.

Tanvir Ahmad Khan, Addl. A,‑G. for the State.

Date of hearing : 23rd June, 1982

‑The facts leading to the present case, briefly, are that the petitioner was accused along-with some others, inter alia, of offence under section 302/149, P. P. C. He was arrested on 24‑1‑1970 and was tried by the Additional Sessions Judge, Sahiwal who convicted them under section 302/34, P. P. C. and sentenced them to imprisonment for life vide the judgment dated 24‑4‑1972. Their appeal was later accepted by the High Court, inasmuch as it reduced the conviction to one under section 304‑I, P. P. C. and sentenced to 7 years' R. I. and a fine of Rs. 500. The petitioner underwent the sentence and was released on 24‑2‑1976. Ali Muhammad complainant, however, ‑filed a Criminal Petition (No. 53/75) against the acquittal of the petitioner and his co‑accused, of offence under section 302/34, P. P. C. Leave was granted on 14‑6‑1976 against petitioner alone and non bailable warrants were issued against him. He was thereupon arrested on 15 ‑1976 but was, later, released on bail by this Court on 20‑8‑1976. This Court accepted the appeal against acquittal on 12‑3‑1980 and restore if: the sentence of imprisonment for life awarded to the petitioner and left it to the jail authorities to compute the period of detention suffered by him pending the bearing of the appeal by this Court.

The petitioner's grievance is that the said period (2 years 11 months W and 5 days) is not being counted by the jail authorities while computing his sentence.

Hence the present petition.

2. We issued notice to the learned Assistant Advocate‑General and Mr. Tanvir Ahmad Khan, A. .A: G. appeared.

The learned counsel for the petitioner has cited Ali Sher v. The State and 8 others (P L D 1980 S C 817), and Manzur Ahmad v. The State (1981 S C M R 260), in support of the conten tion that the period during which an accused person remains in detention during the hearing of an appeal against acquittal by this Court, should be counted towards the period of sentence suffered by him.

We agree with the learned counsel for the petitioner that the present cast is covered by the aforementioned judgments. We, therefore, convert this petition into appeal and allow the same and direct that the period during which the petitioner remained in detention during the hearing of the appe4 against acquittal against him by this Court, be calculated and computer; towards the sentence to be served by him.

Appeal allowed.

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