MUHAMMAD FAISAL SADIQ vs THE STATE
This petition for leave to appeal arises out of a judgment of the Lahore High Court upholding the petitioner's conviction and sentence under Section 302 of the Pakistan Penal Code for the murder of the deceased. The core legal question addressed is whether the petitioner is entitled to the statutory benefit of section 382-B of the Code of Criminal Procedure for the period spent as an under-trial prisoner. The Supreme Court converted the petition into an appeal and partly allowed it, holding that the petitioner was indeed entitled to the benefit of the period during which he remained as an under-trial prisoner. The key principle laid down is that a convict is entitled to the benefit of Section 382-B of the Code of Criminal Procedure for the pre-conviction detention period.
- Is a convict entitled to the benefit of section 382-B of the Code of Criminal Procedure for the period spent as an under-trial prisoner?
- Whether the Supreme Court can convert a petition for leave to appeal into an appeal and partly allow it regarding sentencing benefits?
- Section 302, Pakistan Penal Code
- Section 109, Pakistan Penal Code
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been directed against judgment dated 7-5-2002 of the Lahore High Court.
2. Precisely stating the facts of the case are that vide F.I.R. (Exh.P.D.) lodged by Pervaiz Akhtar (P.W.7) petitioner Muhammad Faisal Sadiq along with co-accused Umar Shahzad were booked for an offence under section 302/109, P.P.C. For committing murder of Muhammad Naseem deceased, on 10-2-2000 within the jurisdiction of Police Station Urban Area, Sargodha. On having registered the case, the petitioner along with the co-accused was put to trial. The learned Additional District and Sessions Judge, Sargodha, vide judgment dated 21-11-2000 found the petitioner guilty of the charge, as such, he was directed to undergo life imprisonment as Tazir under section 302, P.P.C.
With further direction to pay compensation of Rs,1, 00,000 to the legal heirs of the deceased under section 544-A, Cr.P.C. Or in default to undergo further imprisonment for six months. So far as the co-accused Umar Shahzad is concerned, he was acquitted of the charge and the High Court vide impugned judgment maintained the conviction and sentence awarded to the petitioner by the trial Court, as such, the instant petition for leave to appeal.
3. Learned counsel for the petitioner argued that he has been instructed not to press this petition on merits but would only request for benefit of section 382-B, Cr.P.C. As the same had not been extended to him by the trial Court and the High Court.
4 . After going through the impugned judgment passed by the learned High Court, we are of the opinion that, under the circumstances of the case, the petitioner was entitled to the benefit of the period during which he remained as under-trial prisoner.
5. Request so made is reasonable. Consequently, we converted this petition into appeal, the same is partly allowed and the petitioner is granted benefit of section 382-B, Cr.P.C. In the above terms.