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Criminal Appeal No. 66 of 1985 in Jail Petition No. 37‑R of 1981, decided on 8th October, 1984.

‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 382‑B---Penal Code (XLV of 1860), Ss 302 & 327‑‑Jail petition filed against sentence‑ and conviction already dismissed‑‑Notice was however, issued to Advocate‑General to show cause why benefit of 5.382‑B, Criminal Procedure Code, be not extended to accused in calculating period of his sentence of life imprisonment‑‑Benefit of S. 382‑B, Cr.P.C. extended to accused after hearing Advocate‑General.

Nemo for Petitioner.

M. Nawaz Abbasi, Asstt. A.‑G. Punjab for the State.

Date of hearing: 8th October, 1985.

The petitioner stands convicted under section 302 and sentenced to imprisonment for life and a fine of Rs.2,000 and in default of payment of fine to further six months' R.I. He has also been convicted under section 323, P.P.C. and sentenced to six months' R.I. However, both the sentences have been ordered to run concurrently.

By our order, dated 15th December, 1984, the petition filed by the petitioner through jail directed against his conviction and sentence was dismissed. However, notice was issued to the Advocate‑General, Punjab to show cause why the benefit under section 382‑B, Cr.P.C. be not extended to the petitioner in calculating the period of his sentence:

Mr. M. Nawaz Abbasi, Assistant Advocate‑General Punjab, has appeared in response to the said notice. He has been heard.

We are inclined to extend the benefit of section 382‑B, Cr.P.C. to the petitioner in calculating the period of the sentence of life imprisonment which he has yet to undergo. Order accordingly.

The petition is converted into an appeal and allowed to the extent only indicated above.

M. Y. H. Appeal allowed.

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