Citation Name: 2023 MLD 1545 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM vs State S

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Citation Name: 2023 MLD 1545 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM VS State S. 302(b)--- Criminal Procedure Code (V of 1898), Ss. 561-A & 382-B---Qatl-i-amd---Appreciation of evidence---Period of detention to be considered while awarding sentence of imprisonment---Accused was charged for committing murder of the deceased---Section 382-B, Cr.P.C., was added by the Law Reforms Ordinance, 1972---Word "shall" was substituted for the word "may" by the Code of Criminal Procedure (Second Amendment) Ordinance (Ordinance No. LXXI of 1979)---Said substitution by the word 'shall' mean that this provision was mandatory and it was obligatory on the Courts to give this benefit to the accused who was awarded the sentence of imprisonment---Said benefit was also available to a person who was awarded death sentence by the Trial Court but subsequently the same was reduced---Legal valuable right had been conferred upon the accused after the amendment of S. 382-B, Cr.P.C., and that right could not be ignored or refused---Object of granting the benefit under S. 382-B, Cr.P.C., was to compensate the accused for the unnecessary delay that had been caused in the commencement and the conclusion of his trial---Thus, the Courts must take into consideration the period the accused spent in jail prior to his conviction---Therefore, present accused, after the sentence of death awarded to him under S. 302(b), P.P.C., was set-aside and the he was convicted under S. 302(c), P.P.C. and sentenced to rigorous imprisonment for fifteen years, was entitled to get the benefit provided under S. 382-B of the Code of Criminal Procedure, 1898, from High Court---Court did not consider the aspect of extending or not extending the benefit provided under S. 382-B of the Code of Criminal Procedure, 1898, to the accused while awarding him sentence of imprisonment---Thus, by invoking the inherent power under S. 561-A, Cr.P.C., petition was allowed and accused was declared entitled to the benefit under S. 382-B of the Code of Criminal Procedure, 1898.

Citation Name: 2023 MLD 1545 LAHORE-HIGH-COURT-LAHOREBookmark this Case MUHAMMAD ASLAM vs State S — 2023 MLD 1545 LAHORE-HIGH-COURT-LAHORE

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