Law: Criminal Procedure Code (V of 1898)

Section: 382-B , 561-A , 302 , 427

Criminal Procedure Code (V of 1898)---

----Ss.382-B & 561-A---Penal Code (XLV of 1860), Ss. 302 & 427---Qatl-i-amd and mischief causing damage---Pre-conviction detention---Benefit, grant of--Inherent jurisdiction of High Court---Death sentence awarded to applicant by Trial Court was converted into imprisonment for life---Plea raised by applicant was that he was not awarded benefit of pre-conviction detention as provided under S.382-B, Cr.P.C.---Validity---Benefit under S. 382-B, Cr.P.C. could be sought at any time, even where Trial Court or for that matter High Court, while hearing appeal, had omitted to grant the same---Even where sentence was maintained till the Supreme Court and conversion from death sentence to life imprisonment was made by President, benefit of S. 382-B, Cr.P.C. could be allowed by High Court---For time spent in detention prior to conviction, and the time spent in some other case, the benefit of S. 382-B, Cr.P.C. could be allowed---There was no bar for grant of benefit of S. 382-B, Cr.P.C. to the applicant---Remissions available to applicant under the law would reduce the sentence accordingly---Application was allowed, in circumstances.

Government of Khyber Pakhtunkhwa through Secretary Home and Tribal Affairs Department Peshawar and others v. Mehmood Khan 2017 SCMR 2044; Akhtar Maqsood v. Superintendent of Camp Jail, Lahore and 4 others 2020 P Cr.LJ 447 and Muhammad Hussain and others v. The State 1995 PCr.LJ 37 rel.