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TASHARAF ALI alias KHANZADA vs State Ss — 2023 PLD 253 ISLAMABAD

Case information

Citation
2023 PLD 253 ISLAMABAD
Court
Islamabad High Court
Year
2023
Reporter
PLD
Parties
TASHARAF ALI alias KHANZADA vs State Ss
Subject matter
Criminal
Provisions referred to
S. 382-B; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

TASHARAF ALI alias KHANZADA VS State 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.

Other judgments reported in 2023 PLD

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