Law: Criminal Procedure Code (V of 1898)

Section: 382-B

Criminal Procedure Code (V of 1898)     S. 382 B Consideration of period of detention while awarding sentence of imprisonment Judicious discretion, exercise of Benefit of S.382 B, Cr.P.C. was mandatory Judicious discretion was always to be exercised in favour of convict unless it was unjustified or caused harm to any other party.   Habibullah Shaikh for Petitioner.   Abdul Ghafoor Pirzada on behalf of A.A. G. for the State.   hearing date: 17th January, 2001. JUDGMENT MUHAMMAD ASHRAF LEGHARI, J.The application is moved for seeking directions of the Court, to the office, for receiving Constitutional petition, wherein the prayer of the petitioner is to the effect that his son (convict) Muhammad Bachal be granted benefit of section 382 B, Cr. P. C. By consent we have allowed the application and taken the main Constitution petition to pass final order as very short point is involved. The petitioner Muhammad Saleh through this petition has sought the following relief: (a)To declare that the convict Muhammad Bachal son of the petitioner has completed his tenure of imprisonment awarded to him by this Honourable Court in Crimes Nos.205 of 1997 and 16 of 1998 of Police Station Kandh Kot, District Jacobabad, therefore, entitled to his release from jail. (b)The respondent No.2, be directed to release the convict Muhammad Bachal (son of the petitioner) from jail as his detention in jail is unlawful under the law, since he has completed his tenure of sentence. (c)Any other relief be granted to the petitioner, which this Honourable Court deems fit and proper according to the circumstances of the case. The facts briefly stated are that Muhammad Bachal the son of petitioner was tried in an offence under sections 392 and 302, P.P.C. and section 7 of Anti Terrorism Act, 1997 read with section 412, P.P.C., and ultimately the accused was…

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