ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Jail Appeal No.D-49 of 2002.

Date of hearing

ORDER WITH SIGNATURE OF HON’BLE JUDGE

14.7.2009.

For further orders on application of appellant.

Mr. Naimatullah Bhurgri, State Counsel.

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Petitioner Arif and Jehangir alias Jhangi, both sons of Fazul, by caste Luhar, were tried on charge under Section 302, 324, 34, P.P.C in case F.I.R No.88 of 1993, registered with Police Station Saddar, Jacobabad for the murder of Ali Hassan and causing injuries to P.W Asghar and the trial Court vide judgment, dated 16.5.2009 convicted them under Section 302, P.P.C and awarded them death sentence plus fine. On appeals bearing Crl. Jail Appeal No.D-49/2002, D-50/2002 and Crl. Reference No.D-11/2002, their conviction was maintained by the Division Bench of this Court vide judgment, dated 4.3.2002 in Crl. Jail Appeal No. D-49 and 50 of 2002 and converted the death sentence into life imprisonment with fine of Rs.100,000/- each to be paid to the legal heirs of deceased Ali Hassan and Rs.50,000/- as amount of Arsh to be paid by both the appellants to injured Asghar.

2. The Division Bench of this Court, while maintaining conviction did not allow the benefit of Section 382-B, Cr.P.C to the petitioner, hence the petitioner has moved an application through jail that benefit of Section 382-B, Cr.P.C for the period of his detention as under trial prisoner be extended to him to which he is entitled under the law.

3. The learned Counsel for the State supported the application.

4. In case of Liaquat Ali versus The State (PLD 1995 SC 485) while elaborating Section 382-B Cr.P.C, their lordships observed that “it is quite clear from the language of Section 382-B Cr.P.C, that while passing sentence of imprisonment on an accused for an offence, the trial Court is bound to taken into consideration the period if any during which the accused was detained in custody for such offence. Reference can also be made on the cases of Amjad and another versus The State (1992 SCMR 2072) and Qadir and another versus The State (PLD 1991 sc 1065).

5. In the present case we find that the learned State Counsel has not pointed out any circumstances which would justify the denial of extension of benefit of Section 382-B, Cr.P.C to the petitioner rather he supported the petitioner’s request for the same.

6. In the circumstances discussed above, the prayer is granted and the petitioner as well as co-accused/convict Jehangir alias Jhangi be given benefit of Section 382-B, Cr.P.C. The jail authorities are directed to make necessary computation in the records convicted prisoners Arif and Jehangir alias Jhangi, both sons of Fazul Luhar, in this behalf without any further delay.

Listed application is disposed of in terms of the above.

JUDGE