Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 382-B---Penal Code (XLV of 1860), Ss.302/109---Constitution of Pakistan (1973), Art. 185 (3)---Period of detention---Computation---Benefit of S.382-B, Cr.P.C., non-awarding of---Contention of the accused was that no benefit of S.382-B, Cr.P.C. was given to him---Validity---Supreme Court found the accused entitled to the benefit of period during which he remained as under trial prisoner---Petition for leave to appeal was converted into appeal and the benefit of S.382-13, Cr.P.C. was granted to him---Appeal was allowed. S.M. Tayyab, Senior Advocate Supreme Court for Petitioner. Abdul Wahid Ch., Advocate Supreme Court for Respondent. Date of hearing: 9th February, 2004. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal has been directed against judgment dated 7-5-2002 of the Lahore High Court. 2. Precisely stating the facts of the case are that vide F.I.R. (Exh.P.D.) lodged by Pervaiz Akhtar (P.W.7) petitioner Muhammad Faisal Sadiq along with co-accused Umar Shahzad were booked for an offence under section 302/109, P.P.C. for committing murder of Muhammad Naseem deceased, on 10-2-2000 within the jurisdiction of Police Station Urban Area, Sargodha. On having registered the case, the petitioner along with the co-accused, was put to trial. The learned Additional District and Sessions Judge, Sargodha, vide judgment dated 21-11-2000 found the petitioner guilty of the charge, as such, he was…

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