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Criminal Miscellaneous No. 536-B of 1982, decided on 6th November, 1982.
--S. 382-B-Sentence, reduction in-Petitioner remaining in judicial lock-up and in jail during trial and before order of his conviction-- Period of petitioner's detention before order of his conviction ordered to be deducted from quantum of sentence imposed upon him, as contemplated under section 382-B, Cr. P. C.-[Sentence].
Sahibzada Farooq Ali Khan for Petitioner.
T. H. Gillani A. A. G. for the State.
--This is an application under section 561-A, Cr. P. C. praying that the period of detention of the petitioner during the trial be deducted from the sentence imposed upon him as envisaged under section 382-B, Cr. P. C.
2. The relevant facts of the case are that the petitioner and Zulfiqar, his father, were tried by the learned Additional Sessions Judge, Multan for the murder of Mazhar Hussain. The learned trial Judge vide his judgment dated 25-10-1976 convicted the petitioner and his father under section 302/34, P. P. C. The petitioner was sentenced to death while his father was sentenced to imprisonment for life and fine of Rs. 2,000. They were also convicted under section 307/34, P. P. C. and each one of them was sentenced to suffer R. I. for three years.
3. The convicts challenged the order of their convictions and sentences in appeal (No. 1170 of 19761 and this Court vide judgment dated 13-3-1979 acquitted Zulfiqar and altered petitioner's death penalty to imprisonment for life and a fine of Rs. 50,000 payable as compensation to the legal heirs of the deceased. The petitioner, was however, acquitted for the offence under section 307, P. P. C. The petitioner assailed the afore mentioned judgment in petition for Special Leave to appeal before the Supreme Court which, however, failed on 23-7-1980.
4. Learned counsel for the petitioner stated that after hearing of the appeal concluded on 3-2-1979 in this Court the judgment was reserved which was later on announced on 13-3-1979 and the benefit available to the petitioner under section 382, Cr. P. C. was not considered. Learned counsel contended that the petitioner is entitled to the concession of the deduction of the period he remained in judicial lock-up and in jail, during the trial, and before the date of his conviction. It was lastly stated that the petitioner had already paid Rs. 50,000 by way of compensation to the heirs of the deceased in compliance with the order of this Court.
5. Learned Assistant Advocate-General did not seriously oppose this petition and referred to Ali and another v. State (1982 P Cr. L J 682) wherein this Court bad allowed benefit of section 382-B, Cr. P. C. where the same was not considered at the time of the delivery of judgment.
6. After hearing learned counsel for the parties and in view of rule laid down in Ali Sher v. The State and others (P L D 1980 S C 317) by the Supreme Court and specially for the circumstances of the instant case that the judgment was reserved by the Court and announced after over a month without giving benefit of the concession under section 382-B, Cr. P. C. we allow this petition and hold that the period of petitioner's detention before the order of his conviction shall be deducted from the quantum of sentence imposed upon him as contemplated under section 382-B, Cr. P. C.
S. G. D. Petition accepted.
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