MUHAMMAD HUSSAIN and others vs THE STATE
This criminal miscellaneous application was filed by the petitioners, who were convicted for offences under the Pakistan Penal Code 1860, seeking the benefit of Section 382-B of the Code of Criminal Procedure 1898. The petitioners had previously been convicted and sentenced to death and life imprisonment, which were upheld by the High Court and subsequently by the Supreme Court of Pakistan. Following the commutation of the death sentences to life imprisonment due to a Presidential Order of Amnesty, the petitioners sought the statutory benefit of the period of detention spent during the trial to be counted towards their sentence. The core legal question was whether the petitioners were entitled to the benefit of Section 382-B, Code of Criminal Procedure 1898, given their circumstances. The Court, noting that the State did not oppose the application and relying on the precedent set by the Supreme Court in 'Abdul Malik v. The State', held that the benefit of Section 382-B, Code of Criminal Procedure 1898, must be extended to the petitioners, thereby allowing the application.
- Are convicts whose death sentences have been commuted to life imprisonment entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Does the period of detention spent during the trial count towards the sentence of life imprisonment under Section 382-B of the Code of Criminal Procedure 1898?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
' RAJA AFRASIAB KHAN, J.--- Muhammad Aslam Dogar and 19 others were tried by the learned Additional Sessions Judge, Sahiwal in a case registered against them under section 302/148/149, P.P.C. The learned trial Judge convicted the appellants, Muhammad Mansha and .10 others (Criminal Appeal No,208 of 1985) and Muhammad Hussain and 4 others (Criminal Appeal No,211 of 1985) on 24-11-1985. However, Barkat Ali, Meraj Din and Muhammad Ishaque were acquitted vide the same judgment. Muhammad Hussain, and Haji Muhammad were sentenced to death while Shah Bahram and Muhammad Sarwar were sentenced to imprisonment for life. The above- referred appeals of the convicts were dismissed by a learned Division Bench of this Court on 5-3- 1989 and in consequence, the death sentences awarded to Muhammad Hussain and Haji Muhammad were confirmed. The convicts further challenged their conviction and sentences before the Honourable Supreme Court of Pakistan by filing Criminal Appeal No,227 of 1990 and Criminal Appeal No,228 of 1990. The appeals were dismissed having no force. Nevertheless, an observation was made by the Honourable Supreme Court in its judgment dated 14-4-1994 that:- "From the jail appeal, it appears that the sentence of death has been commuted to life imprisonment on account of Presidential Order of Amnesty."
2. This Criminal Miscellaneous No,121/M of 1994 has been moved by the petitioners, Muhammad Hussain, Shah Behram, Muhammad Sarwar and Haji Muhammad, for grant of relief under section 382-B, Cr.P.C. The learned State counsel does not oppose the relief asked for by the petitioners in these proceedings. In support of his plea, the learned counsel has relied upon Abdul Malik v. The State 1991 SCMR 270. In the referred case, benefit under section 382-B, Cr.P.C. Was allowed to the convicts by the learned Supreme Court in almost under similar circumstances. This being so, respectfully following the judgment of the Honourable Supreme Court, referred to above, benefit under section 382-B, Cr.P.C. Shall be given to the petitioners as well. With this observation, the criminal miscellaneous application is allowed.
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