MUHAMMAD RIAZ Alias BILLU vs THE STATE
This criminal petition for leave to appeal challenged an order of the High Court, which had denied the petitioner the benefit of Section 382-B of the Code of Criminal Procedure 1898. The petitioner, previously convicted for murder and sentenced to life imprisonment, sought the statutory benefit regarding the period spent in custody as an under-trial prisoner. The core legal question was whether the court is mandatorily required to grant the benefit of Section 382-B, Cr.P.C. to every accused as a matter of right. The Supreme Court held that while the court is obligated to consider the applicability of Section 382-B, Cr.P.C., it is not bound to grant the benefit in every case. The court affirmed that the grant of such benefit is a matter of judicial discretion to be exercised based on the merits of each individual case. Furthermore, the Court noted that since the petitioner failed to raise this plea during the earlier appellate proceedings before the Supreme Court, it could not be entertained at this late stage. Consequently, the petition was dismissed.
- Is the court mandatorily required to grant the benefit of Section 382-B of the Code of Criminal Procedure 1898 to every accused?
- Does an accused have an absolute right to the benefit of Section 382-B of the Code of Criminal Procedure 1898 for the period spent in custody as an under-trial prisoner?
- Can a plea for the benefit of Section 382-B of the Code of Criminal Procedure 1898 be entertained if it was not raised during the initial appellate proceedings before the Supreme Court?
- Section 382-B, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 561-A, Code of Criminal Procedure 1898
HAMID ALI MIRZA, J.- This criminal petition for leave to appeal is directed against order dated 24.4.2001 on criminal Misc. No. 817/M of 2001 in Criminal Appeal No. 241 of 1990 (Muhammad Riaz Vs. The State) where the petitioner was denied the benefit of Section 382-B, Cr.P.C.
2. Brief facts of that case are that the petitioner alongwith co- accused was convicted in case Vide FIR No. 243/84 under section 302/34, PPC of Police Station Munawan, Lahore for the murder of Ashfaq and both were sentenced to Life Imprisonment and fine of Rs. 1.000/- each and in default to undergo one month's R.L as per judgment dated 12.4.1990 passed by Additional Sessions Judge, Lahore. The petitioner preferred an appeal before the High Court which appeal was dismissed as per judgment dated 1.4.1997 and fine was enhanced to Rs. 20,000.00 or in default to undergo imprisonment for one year in addition to payment of compensation of Rs. 30,000.00 under section 544-A, Cr.P.C, to the legal heirs of the deceased or in default to undergo six months' R.I. This decision was passed on in appeal No. 241/90 preferred by the petitioner and Criminal Revision No. 368/90 filed by the complainant. Against the said judgment criminal, petitions for leave to appeal No, 170/L/1997 was preferred by petitioner while Cr.P. No. 223/L/1997 was filed by complainant and both petitions were dismissed by this Court and leave was refused as per order dated 24.12.1998.
The petitioner made an application before the Trial Court for grant of benefit under section 382-B, Cr.P.C, but the same was dismissed as per order dated 22.11 .2000. The petitioner challenged the said order under section 561-A, Cr.P.C, before the High Court for grant of benefit under section 382- B, Cr.P.C, but as per impugned order the said application of the petitioner was dismissed hence the present petition.
3. We have heard learned counsel for the petitioner and perused the record.
4. Contention of the learned counsel for the petitioner is that Court is bound to grant benefit of section 382-B, Cr.P.C, to the accused for the period detained in custody as under-trial prisoner in terms of section 382-B, Cr.P.C.
5. There is no cavil with the proposition that the Court is bound to consider wether the accused is to be awarded benefit of section 382-B, Cr.P.C, but is not bound to grant benefit' in each and every case. Each case is to be decided on its on merits. The Court is not bound to grant benefit of section 382-B, Cr.P.C, to every accused as a matter of right but discretion is left to the Court which has to consider each case on its merits. Reference may be made to latest decision of this Court Ehsan Ellahi and others Vs. Muhammad Arif and others (2001 SCM R 416). In the instant case petitions for leave to appeal were filed against the judgment of the High Court but no plea with regard to grant of benefit under section 382-B, Cr.P.C, was raised before this Court which petitions were dismissed consequently, the plea raised now cannot be entertained and earlier order passed by this Court cannot be recalled in this petition after such long period.
In view of aforesaid reasons, the petition has no merit therefore, leave to appeal is declined and petition is dismissed.