SABIR KHAN Versus THE STATE

ORDER

MUHAMMAD ILYAS, J. --- This is a miscellaneous application seeking benefit of the provisions of section 382-B of the Code of Criminal Procedure in respect of the sentences awarded to the petitioner by this Court while disposing of Criminal Appeal No.10/K of 1983. The judgment passed in the said appeal is silent with regard to the grant or withholding of the aforesaid benefit.

2. Learned counsel for the petitioner submits that even after disposal of the appeal, this Court is competent to extend the benefit of the provisions of section 382-B of the Code of Criminal Procedure. In this connection, he relies on Akbar Khan v. The State 1991 P Cr. L J (FSC) 845. In the case under report, the said benefit was allowed to the petitioner even after the petition for special leave to appeal had been dismissed by the Shariat Appellate Bench of the Supreme Court. Learned counsel for the respondent has cited no authority to the contrary. Therefore, relying on the precedent case, cited by learned counsel for the petitioner, we hold that the benefit of section 382-B of the Code of Criminal Procedure can be extended to the petitioner even at this stage.

3. In the instant case, it has been pleaded by learned counsel for the petitioner that the petitioner is the only earning member of the family. There is nothing on record to refute his statement in this behalf. Keeping in view the above circumstances, therefore, we extend the benefit of the provisions of section 382-B of the Code of Criminal Procedure to the petitioner.

4. Criminal miscellaneous application is disposed of accordingly.

N.H.Q./856/FSC Petition accepted.