Law:

Section:

Criminal Procedure Code (V of .1898)--- ----S. 382-B---Pakistan Air Force Act (VI of 1953), S.71---Constitution of Pakistan (1973), Art.199---Constitutional petition---Benefit of S.382-B, Cr. P. C., claim for---Petitioner who was employed in Pakistan Air Force, was tried by the Field General Court Martial and was convicted of offence under S.71 of Pakistan Air Force Act, 1953 and was sentenced---Petitioner sought to avail the benefit of S.382-B, Cr.P.C. and prayed that the period of his detention prior to the sentence, be counted---Validity---Benefit of 5.382-B, Cr.P.C. must be given to a convict and the pre-sentence period spent by him in jail, must be taken into account---No reason existed as to why such benefit should be denied to an ex-employee of Pakistan Air Force who was convicted under the Pakistan Air Force Act, 1953---Constitutional petition was allowed with the direction that petitioner's sentence of six years be reckoned from the day of his arrest by taking into account the pre-arrest period, served by him in detention or jail. PLD 2010 FSC (sic); PLD 1991 SC 1065; PLD 1992 SC 11; 1997 SCMR 55; PLD 1995 SC 152; 1998 SCMR 1539 and 2001 SCMR 416 ref. ORDER ASAD MUNIR, J.---The facts in brief are that the petitioner Sajid Iqbal, who was employed in the Pakistan Air Force as a Corporal Technician, was tried by the Field General Court Martial Air Headquarters Northern Area. Command, PAF and was on 28-3-2008 convicted of offences under section 71 of the Pakistan Air Force Act,…

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