FATEH KHAN vs The STATE
This matter concerns a petition for leave to appeal filed by a convict challenging his conviction and sentence under Section 302 and Section 323 of the Pakistan Penal Code 1860. The petitioner was sentenced to life imprisonment and a fine, with concurrent sentences for the lesser offense. While the Supreme Court had previously dismissed the petition regarding the conviction and sentence, it issued a notice to the Advocate-General, Punjab, to determine whether the petitioner was entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 regarding the calculation of his sentence. The core legal question was whether the statutory provision allowing for the deduction of pre-sentence detention period from the total sentence should be applied to the petitioner's life imprisonment term. The Court held that the petitioner is entitled to the benefit of Section 382-B, Code of Criminal Procedure 1898, in calculating the remaining period of his life imprisonment. The judgment affirms the principle that the benefit of period spent in custody prior to conviction is mandatory and applicable to sentences of life imprisonment.
- Is a convict sentenced to life imprisonment entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Can the period spent in custody prior to conviction be deducted from a sentence of life imprisonment?
- Section 302, Pakistan Penal Code 1860
- Section 323, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH. J.-- The petitioner stands convicted under section 302 and sentenced to imprisonment for life and a fine of Rs.2,000 and in default of payment of fine to further six months'
2. R.I. He has also been convicted under section 323, P.P.C. And sentenced to six months' R.I. However, both the sentences have been ordered to run concurrently.
3. By our order, dated 15th December, 1984, the petition filed by the petitioner through jail directed against his conviction and sentence was dismissed. However, notice was issued to the Advocate- General, Punjab to show cause why the benefit under section 382-B, Cr.P.C. Be not extended to the petitioner in calculating the period of his sentence: Mr. M. Nawaz Abbasi, Assistant Advocate-General Punjab, has appeared in response to the said notice. He has been heard.
4. We are inclined to extend the benefit of section 382-B, Cr.P.C. To the petitioner in calculating the period of the sentence of life imprisonment which he has yet to undergo. Order accordingly.
5. The petition is converted into an appeal and allowed to the extent only indicated above.