Law: Criminal Procedure Code (V of 1898)

Section: 561A,382B

Law: Pakistan Army Act, 1952

Section: 59

Law: Official Secrets Act, 1923

Section: 3(a)

Criminal Procedure Code (V of 1898)--- ----Ss. 382-B & 561-A---Pakistan Army Act (XXXI of 1952), Ss. 59 & 136---Official Secrets Act (VIII of 1923), S.3(a)---Benefit of S. 382-B, Cr.P.C., extension of---Accused had been convicted under S.59 of Pakistan Army Act, 1952, read with S.3(a) of Official Secrets Act, 1923, and sentenced to 4 years' R.I., but he was not given the benefit of S.382-B, Cr.P.C.---Judgment passed by Field Court Martial had not mentioned S.382-B, Cr.P.C. and as such it could not be said that benefit of the same had been denied to accused---Any person convicted and sentenced by Military Authorities was sent to civil prison to serve the sentence along with civil prisoners according to 5.136 of the Pakistan Army Act, 1952, and was governed by Jail Manual---L'6nial of the benefit of S.382-B, Cr.P.C. to accused was a glaring discrimination, which had been defined as "Zulm "---Said benefit could be allowed to the persons convicted under the Pakistan Army Act, 1952---Benefit of S.382-B, Cr.P.C. was granted to accused accordingly. PLD 2010 FSC 1 and 2001 SCMR 1987 rel. ORDER CH. MUHAMMAD TARIQ, J.---The instant petition has been filed under section 561-A, Cr.P.C. with a prayer that the petitioner who joined the Military Engineering Service of Gujranwala Cantt. on 26-3-1999 as a labourer was charged under section 59 of the Pakistan Army Act and section 3 (a) of the Official Secrets Act, 1923. The petitioner was tried by the Field Court Martial and was convicted and sentenced to 4 years' R.I on 27-2-2008 but the benefit of section 382-B, Cr.P.C. was not extended to the petitioner. 2. In view of the above, the petitioner prays that this petition be accepted and benefit of section 382-B, Cr.P.C. be extended to the petitioner. 3. Case…

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