Law:

Section:

(a) Criminal Procedure Code (V of 1898)--S. 382-B---Penal Code (XLV of 1860), S.302---Constitution of Pakistan (1973), Art.185(3)---Application submitted through jail by accused to High Court seeking benefit of S. 382-B, Cr.P.C. was declined for want of jurisdiction on the ground that his criminal petition for leave to appeal had already been dismissed by Supreme Court---Leave to appeal was granted to consider whether accused, in the peculiar circumstances, was entitled to get the benefit as contemplated in S. 382-B, Cr.P.C. (b) Criminal Procedure Code (V of 1898)-- ---S. 382-B---Purpose of S. 382-B, Cr.P.C.---Section 382-B, Cr.P.C. is a statutory limitation upon the Court's discretion to determine the length of imprisonment---Court must take into consideration the pre-sentence period spent by accused in jail. Muhammad Rafiq v. State 1995 SCMR 1525 ref. (c) Criminal Procedure Code (V of 1898)--- ---S. 382-B---Provision of S. 382-B, Cr.P.C. mandatory---Provision of S.382-B, Cr.P.C. being mandatory, in the absence of express manifestation of the application of mind by the Court that it has addressed itself to the said provision at the time of imposing sentence on the accused, no presumption can be raised in favour of the Court of having adverted to the same. Mukhtiar-ud-Din v. State 1997 SCMR 55 ref. (d) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Object of S. 382-B, Cr.P.C.---Object of S. 382-B, Cr.P.C. is to compensate accused for the delay in the conclusion of his trial because of the various factors generally not attributable to him as State is supposed to provide speedy justice. Mukhtiar-ud-Din v. State 1997 SCMR 55 ref. (e) Criminal Procedure Code (V of 1898)--- ----S. 382-B---Applicability of S. 382-B, Cr.P.C. and its importance---Courts while awarding sentence or examining its validity must necessarily apply mind whether benefit of S. 382-B, Cr.P.C. should be allowed or declined to the convict---Failure or omission to invoke discretionary powers for considering desirability or otherwise about extending benefit of S.382-B, Cr.P.C., would contravene spirit of law and frustrate principles of justice---Court, no doubt, in appropriate cases, while…

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