MANZOOR vs HOME SECRETARY AND Other
The petitioner, previously convicted of an offense under section 302/34 of the Pakistan Penal Code 1860, had his conviction reduced to section 304-I by the High Court. After serving his sentence and being released, the complainant filed a petition for leave to appeal against the acquittal of the original murder charge. The Supreme Court granted leave, resulting in the petitioner's re-arrest and subsequent detention pending the appeal. The Supreme Court eventually allowed the appeal against acquittal, restoring the original life imprisonment sentence. The core legal question was whether the period of detention served by the petitioner while the appeal against his acquittal was pending before the Supreme Court should be counted towards his total sentence. Relying on established precedents, the Court held that such detention must be computed towards the sentence. The principle laid down is that the period an accused spends in custody during the pendency of an appeal against acquittal before the Supreme Court must be credited against the sentence ultimately imposed upon the restoration of the conviction.
- Should the period of detention served by an accused during the pendency of an appeal against acquittal before the Supreme Court be counted towards the sentence eventually imposed?
- Is a petitioner entitled to credit for time spent in custody while an appeal against their acquittal is being heard by the Supreme Court?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 304-I, Pakistan Penal Code 1860
ORDER
1. ASLAM RIAZ HUSSAIN, J.-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.
2. The petitioner underwent the sentence and was released on 24-2-1976. A.I 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 on15 -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.
3. 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.
4. Hence the present petition.
2. We issued notice to the learned Assistant Advocate-General and Mr. Tanvir Ahmad Khan, A. .A: G.
5. Appeared.
6. The learned counsel for the petitioner has cited A.I Sher v. The State and 8 others (PLD 1980 SC 817), and Manzur Ahmad v. The State (1981 SCMR 260), in support of the conten--petition 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.
7. 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.