MUHAMMAD ANWAR and anothers vs THE STATE
This matter comes before the Supreme Court of Pakistan upon review applications filed by the petitioners seeking the correction of a formal order to include the benefit of section 382-B of the Criminal Procedure Code in the computation of their sentences, which had been orally announced during the previous hearing of their petitions for special leave to appeal. The core legal question concerns the rectification of a formal order to reflect the oral pronouncement granting the statutory benefit of sentence computation under the Code of Criminal Procedure. The Court held that the review applications are to be allowed, converting the petitions into appeals and formally directing that the petitioners be granted the benefit of section 382-B in the computation of their sentences. The key principle laid down is that a formal judicial order may be corrected upon review to accurately reflect the pronouncement made regarding statutory sentence computation benefits.
- Can a formal order be corrected upon review to include the benefit of section 382-B of the Criminal Procedure Code when it was orally announced during the hearing?
- Whether review applications are maintainable for the correction of formal orders regarding sentence computation?
- Section 382-B, Criminal Procedure Code
ORDER
' SAAD SAOOD JAN, J.--- On the last occasion when these petitions for special leave to appeal came up for hearing in this Court it was announced that the petitioners would be given the benefit of section 382-B, Criminal Procedure Code, in the computation of their sentences. However, the formal order did not contain this direction. The petitioners filed review applications for the correction of the formal order. The review applications have since been allowed and the petitions have been re-heard.
2. After hearing the learned counsel for the petitioners as well as Mr. Salahuddin who appears on behalf of the State we convert these petitions into appeals and direct that in the computation of their sentences the petitioners shall be given the benefit of the provisions of section 382-B ibid.
Cited by 1 case
- AMIR BUX vs THE STATE 1995 MLD 610