HAMEEDULLAH Versus THE STATE

Criminal Miscellaneous No,246/M of 1993 in Criminal Appeal No,63 of 1986, decided on 28th February, 1994.

Authored by Ch. Ghulam Sarwar. Result: Petition allowed.

ORDER

' CH. GHULAM SARWAR, J.--- Hameedullah, petitioner, being convicted under section 304, Part I, P.P.C. By this Court in an appeal on three counts and being sentenced to life imprisonment and a fine of Rs,10,000 and in default whereof to suffer three years' R.I. Has made this application under section 561-A, Cr.P.C. For the grant of benefit of period during which the petitioner remained as under-trial prisoner as provided under section 382-B, Cr.P.C., the same request having been refused to the petitioner by the learned Sessions Judge, Layyah vide his judgment, dated 4-10-1992.

2. It is contended that the provisions contained in section 382-B, Cr.P.C. Are mandatory in nature and the convicts are entitled to the said benefit as a matter of right. Reliance on this point has been placed upon a pronouncement made by the Supreme Court of Pakistan in a case reported as Ramzan and 3 others v. The State PLD 1992 SC 11.

3. This application is opposed by the learned counsel appearing on behalf of the State.

4. After having heard both sides, we are inclined to award the benefit as provided under section 382-B, Cr.P.C. To the petitioner in this case, as the A same has not been adhered to by this Court while giving the final judgment subject to the payment of amount of fine as well as compensation.