Law:

Section:

Zulfiqar Khalid Maluka, Advocate Supreme Court for Petitioner. Syed Tahaar Hussain, Advocate Supreme Court for the State (on behalf of A.G., N.-W.F.P.) Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court Amicus Curiae: Muhammad Akram Sheikh, Senior Advocate Supreme Court (Assisted by Barrister M. R. Kamran Sheikh, Advocate). Sh. Zameer Hussain, Senior Advocate Supreme Court. Ms. Naheeda Mehboob Elahi, D.A.G. Qazi Muhammad Amin, Addl. A.G. Muhammad Naeem Sheikh, Advocate Supreme Court (with permission of the Court) (a) Criminal Procedure Code (V of 1898)---.--- ---.----S. 382-B---.---Applicability of S.382-B, Cr.P.C.---.---Scope---.---Some of the propositions expounded in the s of Supreme Court were noted so as to adequately highlight the implications of, and bring home the manner, in which the provisions of S.382-B, Cr.P.C. were to be applied. Some of the propositions expounded in the Supreme Court s are noted here so as to adequately highlight the implications of, and bring home the manner, in which the provisions of section 382-B, Cr.P.C., were to be applied. They are: (1) While passing sentence, the court, in the absence of special circumstances disentitling the accused to have his sentence of imprisonment reduced by the period spent in jail during the trial, exercise its discretion in favour of the accused by ordering that such period shall be counted towards his sentence of imprisonment or that the sentence of imprisonment shall be treated as reduced by that period; (2) the discretion has to be exercised with the intention to promote the policy and objects of the law; (3) indeed, the court will use its good sense in determining the circumstances in which the discretion will not be exercised in favour of the accused. But as the discretion is a judicial discretion, the order of the court must show that the pre-sentence period has been taken into consideration and if the court thinks that the sentence should not be reduced by the period spent in prison during the trial, the court must give reasons for so thinking; (4) the word shall' is intended to make the provision mandatory-in the sense that it imposes a duty to do what is prescribed and same…

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