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.

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