2006 SCMR 1777

RAB NAWAZ vs THE STATE

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Citation2006 SCMR 1777

CourtSupreme Court of Pakistan

Case No.Criminal Appeal No,423 of 2005 in J.P. No,153 of 2003

Date2006-06-23

Judge(s)Faqir Muhammad Khokhar, M. Javed Buttar and Syed Jamshed Ali

Authored byFaqir Muhammad Khokhar

ResultOrder accordingly

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal appeal arises from a judgment where the appellant's counsel did not press the appeal on merits but sought the benefit of Section 382-B of the Code of Criminal Procedure 1898, which had not been considered by the High Court. The core legal question is whether the appellant is entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 for the period spent in jail during the trial. The Supreme Court of Pakistan partly allowed the appeal, maintaining the conviction and substantive sentence while granting the benefit of Section 382-B of the Code of Criminal Procedure 1898 for the period the appellant remained in jail, with no objection from the State. The key principle laid down is that a convict is entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 for the pre-conviction detention period if the circumstances warrant and the State does not object.

Questions settled in this judgment

Whether a criminal convict is entitled to the benefit of section 382-B of the Code of Criminal Procedure 1898 for the period spent in jail during trial?
Can the benefit of section 382-B of the Code of Criminal Procedure 1898 be granted when the appellant does not press the appeal on merits?

Laws & provisions referred

Section 382-B, Code of Criminal Procedure 1898

criminal appealconvictionsentencebenefit of section 382-Bjail period

ORDER

' FAQIR MUHAMMAD KHOKHAR, J.--- The learned counsel for the appellant does not press this appeal on merits. He however, states that the question of grant or otherwise of the benefit of section 382-B, Cr.P.C., was not considered by the High Court. He refers to the case of Ghulam Murtaza v. The State PLD 1998 SC 152. The learned counsel for the State has no objection if benefit of section 382-B, Cr.P.C. Is granted to the appellant in view of facts and circumstances of the case.

2. After hearing the learned counsel for the parties this criminal appeal is partly allowed. The conviction and the substantive sentence of the appellant as awarded by the trial Court is maintained. However, the appellant is granted benefit of section 382-B, Cr.P.C. For the period he remained in jail.