MUHAMMAD ASLAM and another vs THE STATE
This matter arises from a petition for leave to appeal filed by petitioners convicted under Section 302/34 of the Pakistan Penal Code 1860, who were sentenced to death and fine. During the pendency of the petition, the President of Pakistan commuted the death sentences of all convicts to life imprisonment. Consequently, the petitioners' counsel did not press the petition on merits, requesting only the benefit of Section 382-B of the Code of Criminal Procedure 1898 regarding the computation of their sentence. The Supreme Court found this request reasonable and held that the petitioners shall be granted the benefit of Section 382-B, Cr.P.C. in computing the sentence they have yet to undergo. The petition was accordingly dismissed with the said observation, establishing that convicts whose death sentences are commuted to life imprisonment are entitled to the benefit of section 382-B for sentence computation.
- Can a convict whose death sentence has been commuted to life imprisonment by the President be granted the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Whether the benefit of Section 382-B, Code of Criminal Procedure 1898 applies in the computation of remaining sentence after commutation?
- Section 302/34, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' NASIM HASAN SHAH, J.--The petitioners stand convicted under section 302/34, P.P.C. And sentenced to death and a fine of Rs,15,000 or in default of payment of fine to suffer further 2 years'
2. R.I.
3. During the pendency of petition for leave to appeal, however, the President of Pakistan commuted the sentence of all convicts sentenced to death to life imprisonment. In view of this order, the learned counsel for the petitioners does not press this petition except to the extent that the petitioners may be allowed the benefit of the provisions of section 382-B, Cr.P.C. In the matter of computation of their sentence. This request appears to be reasonable. Accordingly, the petitioners shall be granted benefit of the provisions of section 382-B, Cr.P.C. In computing the sentence they have yet to undergo.
4. ' With the above observation this petition shall stand dismissed.