GHULAM RASOOL vs The STATE
This matter comes before the Supreme Court of Pakistan through an appeal by leave of the Court against a criminal conviction and sentence. The core legal question revolves around the appellant's entitlement to the benefit of section 382-B of the Code of Criminal Procedure. The Court held that given the stance taken by the appellant's counsel that the major part of the sentence of rigorous imprisonment had already expired and the appeal was not being pressed save for the aforementioned benefit, it was a fit case to extend the same. The Supreme Court accordingly dismissed the appeal as not being pressed while granting the benefit of section 382-B of the Code of Criminal Procedure to the appellant, establishing the principle that such sentence reduction relief can be granted when appropriately prayed for and conceded in the circumstances of the case.
- Whether the benefit of section 382-B of the Code of Criminal Procedure can be granted when an appeal is not pressed otherwise?
- Can a criminal appeal be dismissed as not being pressed while still granting relief regarding the computation of the sentence?
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.-- In this appeal through leave of, the Court, learned counsel for the appellant states that the major part of the sentence of rigorous imprisonment finally awarded to the appellant having already expired, he would be satisfied if benefit ox section 382-B of Cr.P.C.
2. Only is allowed to him. In view of the afore-recorded position taken by him this appeal is not being pressed.
3. In the circumstances of the case as highlighted in the leave granting order, we consider it a fit case for granting the benefit of section 382-B of Cr.P.C. To the appellant. Order accordingly. The appeal however otherwise, is dismissed as not being pressed.