MUHAMMAD RAFIQ Versus MERAJ DIN alias MAJHA
ORDER
It is contended that the respondent in the case has already suffered whole of the sentence awarded to him by the learned trial Court. Mr. Farooq Bedar, learned Assistant Advocate‑General Punjab has made a statement after verification that the respondent has in fact completed his sentence. Mr. S.M. Tayyab, Advocate, has, however, raised objection saying that the learned trial Court has observed in the judgment that the respondent is not entitled to be given the benefit under section 382‑B, Cr.P.C. because he remained absconder. The learned Assistant Advocate‑General has suggested that the case requires further verification from the Jail Authorities. He has requested that the case be adjourned for tomorrow. Accordingly. the case is adjourned for to‑morrow for further verification.
24‑8‑1987 This is a petition moved by Mehraj Din alias Majha under section 491, Cr.P.C. read with section 561, Cr.P.C. praying therein that the petitioner may be ordered to be released from the jail forthwith on the ground that he has already completed his sentence awarded to him. A notice in the petition was sent to the: learned .Advocate‑General and in compliance thereof Mr. Farooq Bedar, learned Assistant Advocate‑General is present. He has established contacts with the jail authorities and has submitted that according to the calculation conducted by the jail authorities, the petitioner. has completed the total period of sentence awarded to him by the trial Court: He stated that from time to time remissions were granted by the Government to the petitioner and that period has also been taken into consideration while calculating the period.
2. The upshot of the above discussion is that the jail authorities are not competent to detain the petitioner any further in jail as he has completed the total period of his sentence. Accordingly, this habeas corpus petition is accepted and a direction is issued to the Superintendent Central Jail, Faisalabad, that the petitioner shall be released forthwith if he is not anted in any other criminal; case.
H.B.T./M-905/L Petition accepted.