Pakistan Case Law
2001 SCMR 1987

GHULAM MUHAMMAD vs THE STATE

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Citation2001 SCMR 1987
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No,165 of 1994
Date1999-05-31
Judge(s)Khalil‑ur‑Rehman Khan, Munir A. Sheikh and Wajeehuddin Ahmed
ResultAppeal allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This appeal before the Supreme Court of Pakistan arises from a criminal matter where the appellant sought the benefit of Section 382-B of the Code of Criminal Procedure 1898, having undergone over twenty-two years of sentence including substantive sentence served and remission earned. The core legal question was whether the appellant was entitled to the benefit of Section 382-B, Code of Criminal Procedure 1898, which had not been mentioned or explicitly allowed in the High Court judgment. The Supreme Court held that the benefit of Section 382-B, Code of Criminal Procedure 1898 ought to have been allowed to the appellant. Consequently, the Court granted the benefit of Section 382-B of the Code of Criminal Procedure 1898 to the appellant and disposed of the appeal accordingly, establishing that a convicted person is entitled to the statutory benefit of sentence calculation under the said provision when it has been omitted.

Questions settled in this judgment
  • Whether a convict is entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 when it was not expressly mentioned in the High Court judgment?
  • Can the Supreme Court grant the benefit of Section 382-B of the Code of Criminal Procedure 1898 during the disposal of an appeal?
Laws & provisions referred
  • Section 382-B, Code of Criminal Procedure 1898
criminal appealsentence calculationbenefit of section 382-Bremissionsubstantive sentenceSupreme Court of Pakistan

ORDER

1. ' Learned counsel for the appellant states that more than twenty two years sentence has been undergone calculating the substantive sentence served and the commission earned. He adds that benefit of section 382-B, Cr.P.C. Has not been allowed perhaps due to inadvertence. We have gone through the judgment of the High Court. There is no mention of section 382-B, Cr.P.C. In the judgment and as such it cannot be said benefit of said section has been denied. The benefit of section 382-B, Cr.P.C. Should have been allowed to the appellant. We, therefore, grant benefit of section 382-B of Cr.P.C. To the appellant and dispose of the appeal accordingly.

Cited by 3 cases

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